Fontana City Council
September 27, 2022

Tuesday, September 27, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No. 1906 Reso No. 2022-125
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda September 27, 2022 Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. A complete agenda packet is located in the binder on the table in the lobby of the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335 is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such a request to the City Clerk ’s Office at ( 909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection in the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335.

Traduccion en Espa ñol disponible a peticion. Favor de notificar al Departamento "City Clerk".

Para mayor informacion, favor de marcar el numero (909) 350-7602.

CALL TO ORDER/ROLL CALL:

A. 7:00 P.M. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

SPECIAL PRESENTATIONS:

A. Special Presentations

2 City Council Meeting Regular Agenda September 27, 2022 A. A. Mayor Warren and City Council to recognize Corporal Buddy Porch, Officer Christine Tomicic, Probation Officer Jazmyne White and Records Supervisor Vanessa
Hernandez as the Fontana Police Department July 2022
Employees of the Month.

B. Mayor Warren and City Council to recognize Corporal
Thomas Moore, Corporal Luis Valenzuela, Officer Paul
Contreras, Officer Shawn Cory, Officer Joshua MacMillian, Officer Kirsten Ryn, Officer Matthew Sherwood, Officer
Christine Tomicic, and Secretary Michelle Jared as the
Fontana Police Department August 2022 Employees of the
Month.
21-1712
PUBLIC COMMUNICATIONS:

This is an opportunity for members of the public to address the City Council for up to three ( 3) minutes total on items either on the Agenda or items not on the Agenda, but within the City Council's jurisdiction. Note that Public Hearing items have individual and specific public input opportunities during the public hearing and testimony on those items will only be taken during the public hearing. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council .

A. Public Communications
CONSENT CALENDAR:

All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for discussion.

A. Approval of Minutes 21-1723
Approve the minutes of the September 13, 2022, Regular City Council Meeting.

Council Meeting September 13, 2022.pdfAttachments:

B. Adoption of Ordinance No. 1904 (Second Reading) 21-1724 Second Reading/Adoption of Ordinance No. 1904, levying special taxes within the City of Fontana Community Facilities District No. 111 (Monterado).

Ordinance No. 1904Attachments:

3 City Council Meeting Regular Agenda September 27, 2022 C. Adoption of Ordinance No. 1905 (Second Reading) 21-1725 Second Reading / Adoption of Ordinance No. 1905, authorizing the levy of a Special Tax within Community Facilities District No. 110M.

Ordinance No. 1905Attachments:

D. Police Department Monthly Information Update 21-1630 Accept the Police Department monthly information update for August 2022.

August 2022 Report for City Council (2).pptxAttachments:

E. Approve Donations of Dog “Arrow” and Present and Future Accompanying K-9 Dog Equipment from Fontana Police K- 9 Pals, a California Nonprofit Corporation.
21-1631

1. Approve the donation of the dog “Arrow” from Fontana Police K- 9 Pals, a California nonprofit corporation, to the City of Fontana in order for “Arrow” to become part of the Fontana Police Department’s K-9 Unit.

2. Approve present and future accompanying K- 9 dog equipment from Fontana Police K-9 Pals to support the Fontana Police Department’s K-9 Unit operations.

F. Approve Donations of Dog “Leo” and Present and Future Accompanying K-9 Dog Equipment from Fontana Police K- 9 Pals, a California Nonprofit Corporation.
21-1632

1. Approve the donation of the dog “ Leo” from Fontana Police K- 9 Pals, a California nonprofit corporation, to the City of Fontana in order for “ Leo” to become part of the Fontana Police Department’s K-9 Unit.

2. Approve present and future accompanying K- 9 dog equipment from Fontana Police K-9 Pals to support the Fontana Police Department’s K-9 Unit operations.

4 City Council Meeting Regular Agenda September 27, 2022 G. Award a Construction Contract for the Police Facility Fence Installation Project
21-1649

1. Award and authorized the City Manager to execute a construction contract with J & A Engineering Corp. for the construction of the Police Facility Fence Installation Project in the amount of $358,275.44 and authorize a 10% contingency in the amount of $35,827.54 (Bid No. SB-03-DE-23).

2. Appropriate $75,000.00 from PD Capital Facilities Fund 636 to the Police Facility Fence Installation Project No. 36000021.

3. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Police Facility Fence Installation Project.

Vicinity Map
Bid Results
Bid Detail.pdf
Attachments:

H. Approve Release of K- 9 Unit Dog “Wyatt” and Accompanying K-9 Equipment to his Hander Casey Mutter
21-1691
Approve contract No. MS-69-PD-23 between the City of Fontana and Casey Mutter to release K-9 dog “Wyatt” and accompanying K-9 dog equipment, including a kennel, transportation kennel, custom fit muzzle, dogloo, and two leashes, to him.

Agreement to Release K-9 to MUTTER.docxAttachments:

I. Approve Release of K-9 Unit Dog “Axl” and Accompanying K-9 Equipment to his Handler Bradley Terwilliger
21-1697
Approve contract No. MS-70-PD-23 between the City of Fontana and Bradley Terwilliger to release K-9 dog “Axl” and accompanying K-9 dog equipment, including a kennel, transportation kennel, custom fit muzzle, dogloo, and two leashes, to him.

Agreement to Release K-9 to Terwilliger.docxAttachments:

5 City Council Meeting Regular Agenda September 27, 2022 J. 2021 Homeland Security Grant (HSGP) 21-1708

1. Accept the 2021 Homeland Security Grant Program subrecipient award in the amount $40,451 from the Office of Homeland Security.

2. Authorize the Chief of Police or his designee to sign all related grant documents including extensions or modifications for the grant; and expend funds as outlined in the grant agreement.

3. Approve allocation of funds in the amount of $40,451 in the Grant Fund #301, Project 40200003 - 2021 Homeland Security Grant
FY21 Authorization to Spend Letter - Signed.pdf
2- FY21 HSGP Law Jurisdiction Allocation.pdf
Attachments:

K. Fontana Police Department to Accept 2002 Pierce Heavy Rescue Vehicle
21-1710

1. Accept 2002 Pierce Heavy Rescue Vehicle (VIN #1K9AF4283YN058185) donation from the San Bernardino County Fire Protection District.

2. Approve a recurring appropriation from the General Fund in the amount of $12,670 to cover the Operating & Maintenance costs associated with this vehicle.

SBCFPD City Council.pdfAttachments:

L. Pre-annexation Agreement No. 22-001, between the City of Fontana and Inland Senior Development, LLC Investments, for the provision of sewer service to a 112-Unit Multi-Family Condominium Project located South of Foothill Boulevard, on the West side of Banana Avenue.
21-1716

1. Find that the project is Exempt pursuant to Section No. 15268(b)(4) (Ministerial Project, Utility Connection) of the California Environmental Quality Act (CEQA) and, direct staff to file a Notice of Exemption; and,

2. Approve and authorize the City Manager to execute a Pre-annexation Agreement (No. 22-001) with Inland Senior Development, LLC investments, for the provision of sewer service to a 112-unit multi-family condominium project located south of Foothill Boulevard, on the west side of Banana Avenue.

Attachment No. 1 - Vicinity Map
Attachment No. 2 - Notice of Exemption
Attachment No. 3 - Final Pre-Annexation Agreement_Inland Attachments:

6 City Council Meeting Regular Agenda September 27, 2022 M. Fontana Police Helicopter Service Contract Implementing AS350B2
21-1721

1. Approve a Service Agreement between HeliSafe, LLC, a Limited Liability Corporation, and the Fontana Police Department

2. Authorize the City Manager (or his designee) to sign the Service Agreement, all related documentation, and any amendments to continue this cooperative agreement as long as it is in the best interest of the City of Fontana.

HeliSafe year 2 cost sheet with AS350B2.docxAttachments:

N. Purchase & Sale Agreement - Downtown Fontana Property 21-1738

1. Approve a Purchase & Sale Agreement for the purchase of two parcels of land located on the Spring Street, east of Juniper Avenue in Downtown Fontana, more specifically described as APN #0191-161-17 and #0191- 161-28.

2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.

Attachment No. 1 - Purchase and Sale AgreementAttachments:

O. Final Acceptance of the Village of Heritage Pool Deck Repair Project (MS-106-PW-22).
21-1686

1. Accept as complete the work performed by Masterseal Corporation for the Village of Heritage Pool Deck Repair project and approve the final construction cost of $223,200.

2. Authorize the City Engineer/Director of Public Works to file a notice of completion and release the 5% retention.

P. Estoppel Certificate and Assignment Agreement for Ventana at Duncan Canyon
21-1751
Approve Estoppel Certificate and Assignment Agreement for Ventana at Duncan Canyon and authorized the City Manager to enter into said agreement.

Estoppel Certificate Agreement 005(28058230.1) (1).pdf Assignment and Assumption Agreement 003(28058305.1).pdf Attachments:

Approve Consent Calendar Items as recommended by staff.

7 City Council Meeting Regular Agenda September 27, 2022 PUBLIC HEARINGS:

To speak on Public Hearing Items, submit comments via e-mail at [email protected]. In the subject of your e-mail please indicate whether you are in favor or opposition of the item. Comments must be received no later than 5:00 P.M. on the day of the meeting. Comments of no more than three ( 3) minutes will be read into the record at the appropriate time during the meeting. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing.

All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor
(b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes) A. Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed Abatement Accounts
21-1715

1. Authorize staff to complete and record lien notices against real property for those sewer accounts sixty days or more delinquent as described in Certified Lien List and direct staff to forward recorded liens to the County for collection.

2. Authorize staff to complete and record liens against real property for those rubbish accounts more than ninety days delinquent as described in the Certified Lien List and direct staff to forward recorded liens to the County for collection.

3. Adopt Resolution No. 2022-125, of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.

Weed Abatement Resolution September 2022
Public Hearing Notice - Rubbish
Public Hearing Notice - Sewer
Public Hearing Notice - Weed Abatement
Attachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications

8 City Council Meeting Regular Agenda September 27, 2022 ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on October 11, 2022, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

9 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1712 Agenda Date: 9/27/2022
Agenda #: A. Category: Special Presentation
Special Presentations
Tuesday, September 27, 2022
7:00 P.M.

Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 9/21/2022Page 1 of 1
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10 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1723 Agenda Date: 9/27/2022
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the September 13, 2022, Regular City Council Meeting.

COUNCIL GOALS:
· Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.
· Create and maintain a dynamic team by communicating Goals and Objectives to all commissions and employees.

DISCUSSION:

The City Council will consider approval of the minutes of the September 13, 2022, Regular City Council meeting. Draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 9/21/2022Page 1 of 1
powered by Legistar™
11 Tuesday, September 13, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks, City Treasurer
Minutes

12 CLOSED SESSION:

A. 6:00 P.M. CLOSED SESSION
The Closed Session meeting of the Fontana City Council was held on Tuesday, September 13, 2022, in the Executive Conference Room at 8353 Sierra Avenue, Fontana, CA 92335. Mayor Warren called the meeting to order at 6:00 p.m. with the following roll call:

ROLL CALL:

Present: Mayor Warren, Mayor Pro Tem Garcia, and Council Member Roberts

Absent: Council Members Cothran and Sandoval
Council Members Cothran and Sandoval entered into Closed Session a 6:03 pm.

PUBLIC COMMUNICATION - CLOSED SESSION:

A. Public Communications - Closed Session

13 City Council Meeting Minutes September 13, 2022
There were no public communications received on the following Closed Session items:

CONFERENCE WITH LEGAL COUNSEL: Pending Litigation
Government Code Section 54956.9(d)(1)
Name of Case: Marroush v. Goodland, et al.

Case Number: CIVDS2011421

CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiator: Matt Ballantyne, City Manager and Rakesha Thomas, Director of Human Resources and Risk Management Employee Organization(s): Executive Management Team (Non-Represented); Management/Confidential (COU); Police Benefits Associations (PBA); Teamsters 1932; City Hall; Public Works

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN # 0191-161-02
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Mike Hoch
Under Negotiating: Price and Terms of payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN # 0191-161-29
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Van Blarcom Family Trust
Under Negotiating: Price and Terms of payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN # 0228-301-50 and 0228-021-46
City Negotiator: Phil Burum, Deputy City Manager
Negotiating Parties: Lamar Central Outdoor, LLC
Under Negotiation: Price and terms of payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN # 0191-161-17 and 0191-161-28
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Jose Torres and Beatriz Reyes
Under Negotiating: Price and Terms of payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN # 0191-162-09
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Vincent Hall

14 City Council Meeting Minutes September 13, 2022
Under Negotiating: Price and Terms of payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN # 0191-162-18
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Eva Sandoval
Under Negotiating: Price and Terms of payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN # 0191-163-27
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Doris Purola and Carole Peacock
Under Negotiating: Price and Terms of payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN # 0191-162-21
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: American Legion Steele Towne Post 77 Under Negotiating: Price and Terms of payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN # 0191-162-13 & 0191-162-40
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Kim Family Trust
Under Negotiating: Price and Terms of payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN # 0191-162-07
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Luisa A Antigua
Under Negotiating: Price and Terms of payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN # 0191-162-06
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Lancet Contracting Inc.

Under Negotiating: Price and Terms of payment
CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation
(Gov. Code section 54956.9(d)(2).)
Potential Case: One matter

15 City Council Meeting Minutes September 13, 2022
CALL TO ORDER/ROLL CALL:

A. 7:00 P.M. Call To Order/Roll Call
The Regular Meeting of the Fontana City Council was held on Tuesday, September 13, 2022, in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, CA 92335.0
Mayor Warren called the meeting to order at 7:05 p.m.

ROLL CALL:

PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts and Sandoval
ABSENT: None
City Clerk Germaine McClellan Key and City Treasurer Janet Koehler-Brooks were also in attendance.

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance
The invocation was led by Fontana Police Department Chaplain Derek Smith, followed by the Pledge of Allegiance led by Council Member Sandoval.

PROCLAMATION:

A. Proclamation
A. 21-1659

16 City Council Meeting Minutes September 13, 2022
A. Mayor Warren and City Council to proclaim the month of September as National Preparedness Month (Emergency Manager Aminah Mears to present).

Emergency Services Officer with the San Bernardino County Office of Emergency Services, Klashay Ray, accepted the proclamation and informed the community of ways to remain prepared in case of an emergency.

B. Mayor Warren and City Council to proclaim the month of September as Senior Center Month (Community Services Supervisor Douglas Johnson to present).

Community Services Supervisor Jonhson accepted the proclamation and shared ways that the community is taking part in Senior Center Month.

C. Mayor Warren and City Council to proclaim September 24, 2022, as National Public Lands Day (Community Services Coordinator Jordan Gionet to present).

Community Services Coordinator Gionet accepted the proclamation and shared what National Public Lands Day is and how to get involved.

D. Mayor Warren and City Council to proclaim September 26, 2022, as Human Resources Professional Day (Director of Human Resources and Risk Management Rakesha Thomas to present).

Director of Human Resources and Risk Management Thomas accepted the proclamation and shared a short video highlighting the department.

SPECIAL PRESENTATIONS:

A. Special Presentations
A. 21-1661

17 City Council Meeting Minutes September 13, 2022
A. Mayor Warren and City Council to recognize Department of Innovation and Technology's Employees of the Year: Allen Fincher, Infrastructure Team; Angel Gonzales, Development Team; Dylan Mansfield, Service Desk Team; Elias Rex, GIS Team; and Stephen Pendleton, Business Analyst Team (Director of Innovation and Technology Jennifer Barcenas to present).

Director of Innovation and Technology Barcenas recognized the department Employees of the Year.

B. Mayor Warren and City Council to recognize Human Resources and Risk Management Department Employee of the Year: Taylor Starling, Human Resources Specialist / Police Department Liaison (Human Resources and Risk Management Director Rakesha Thomas to present).

Director of Human Resources and Risk Management Thomas recognized the department Employee of the Year.

C. Mayor Warren and City Council to swear in new Fontana Police Officer John Isaacs (Chief Green to present).

Mayor Warren swore in new Fontana Police Officer Isaacs with the assistance of his son.

Following Special Presentations, Mayor Warren asked Pastor Dan Carrol with Water of Life Church to come up and provide the Council and public with a quick presentation on the recently printed and released booklet on Citylink.

CLOSED SESSION ANNOUNCEMENT
City Attorney Ruben Duran noted that the Mayor and City Council met on the items listed on the Closed Session agenda, provided direction to City staff and took no reportable actions.

PUBLIC COMMUNICATIONS:

A. Public Communications

18 City Council Meeting Minutes September 13, 2022
The following individuals spoke under public communications:

1. Nasima Kazimi, spoke on concerns of a recent property violation received due to vandalism.

2. Julia Flores, spoke on concerns with housing.

3. Ariana Gallindo, spoke on concerns with housing.

4. Kristen Malaby, spoke on an upcoming event for National Public Lands Day; public assistant programs; and funding allocations for the unhoused.

5. Jasmine Cunningham, spoke on the current State of the City and funding allocations for the unhoused.

6. Angel Ramirez, spoke in support of prior speaker comments (Cunningham).

7. Gabriela Mendez, spoke in support of prior speaker comments (Cunningham) and in support of prior speakers with concerns of housing.

8. Ben, inquired on the opening of Spagi's restaurant; commented on current elections; social media activity; opposition of warehouse development; concerns with lack of affordable housing.

9. Lorena Espinoza asked for assistance with current transportation concerns with the Fontana Unified School District.

Following public comment, Mayor Warren commented on the speakers regarding affordable housing within Fontana and recent funding received.

CONSENT CALENDAR:

Prior to Mayor Warren asking for a motion, the following items were noted for the record:

City staff provided a memo for the Council amending attachment 1 for Consent Calendar Item 'U'. Such amendment was asked to be included in the final motion for the item.

Additionally, City staff asked Council to pull Consent Calendar Item 'Y' from the agenda and motion as the item will be brought back to Council at a future date.

Such items were read out loud for the Council and public's knowledge. There were no oppositions to these changes.

ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Roberts, to approve the Consent Calendar Items "A-AB" with the removal of Consent Calendar Item 'Y' from the motion. The motion carried by a roll call vote of 5-0 as follows: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None

19 City Council Meeting Minutes September 13, 2022
A. Approval of Minutes 21-1662
Approve the minutes of the July 26, 2022, Regular City Council Meeting and the August 25, 2022, Special City Council Meeting.

B. Approve Task Order for the Fontana Sewer Master Plan Update Project.
21-1598

1. Approve and authorize the City Manager to execute a Task Order in the amount of $478,502 with Albert A. Webb Associates, Inc. for Engineering services for the Fontana Sewer Master Plan Update Project, request for proposal SQ- 87-DE-19-32.

2. Approve and authorize the use of funds in the amount of $424,870 from Fund 302 as part of the City ’s American Rescue Plan Act Expenditure Plan (ARPA).

3. Approve and authorize the City Manager to execute any future amendments to the Task Order.

C. Approve Task Order for the Fontana Storm Drain Master Plan Update Project
21-1603

1. Approve and authorize the City Manager to execute a Task Order in the amount of $375,130 with David Evans and Associates, Inc. for engineering services for the Fontana Storm Drain Master Plan Update Project, request for proposal SQ- 87-DE-19-33.

2. Approve and authorize the use of funds in the amount of $375,130 in Fund 302, Org 3023600 as part of the City ’s American Rescue Plan Act Expenditure Plan (ARPA).

3. Approve and authorize the City Manager to execute any future amendments to the Task Order.

D. Adoption of Ordinance No. 1897 (Second Reading) 21-1667 Second Reading/Adopt Ordinance No. 1897, Approving Zone Change No. 21-002, To Amend The Zoning District Map Designation From General Commercial (C-2) To Light Industrial (M-1) For Approximately 4.49 Acres Located At The Northeast Corner Of Sierra Avenue And Summit Avenue (APN 1118-041-06).

E. Adoption of Ordinance No. 1900 (Second Reading) 21-1668 Second Reading/Adoption of Ordinance No. 1900, an Ordinance of the City Council of the City of Fontana, approving Development Agreement No. 22-001 for a public benefit fee.

F. Adoption of Ordinance No. 1901 (Second Reading) 21-1610 Second Reading / Adopt Ordinance No. 1901, an Ordinance of the City Council of the City of Fontana, approving a Zoning District Map amendment to change the zoning on one parcel from Community Commercial (C-1) to Medium Density Residential (R-2).

G. Adoption of Ordinance No. 1902 (Second Reading) 21-1665 Second Reading / Adoption of Ordinance No. 1902, An Ordinance of the City

20 City Council Meeting Minutes September 13, 2022
Council of the City of Fontana Approving Specific Plan Amendment No. 21-001, An Amendment to the Ventana at Duncan Canyon Specific Plan to Modify and Update the Overall Specific Plan by Establishing New Planning Areas and Updating Specific Plan Development Standards. The Proposed Specific Plan Amendment Will Establish Six (6) New Planning Areas (Labeled as Pa1, Pa2, Pa3, Pa4, Pa5, And Pa6) With Four Different Zoning Classifications Which Include Medium Density Residential, High Density Residential, Mixed-Use, And Commercial.

H. Adoption of Ordinance No. 1903 (Second Reading) 21-1666 Second Reading/Adoption of Ordinance No. 1903, An Ordinance of The City Council of City of Fontana, Approving Specific Plan Amendment 21-007 To Amend Planning Area 12 Comprising Approximately 9 Gross Acres of The Citrus Heights North Specific Plan (APN 1107-262-37) To Allow Development of Single-Family Residential Units.

I. Facility Use Agreement with Citrus Development 21-1617 Authorize City Manager to sign a facility use agreement with Citrus Development for use of a 28,000 square foot banquet hall at the northwest corner of Citrus Avenue and South Highland Avenue.

J. Adopt a Resolution Summarily Vacating Portions of Lytle Creek Road North of Duncan Canyon Road and South Highland Avenue West of Oleander Avenue
21-1621
Adopt Resolution No. 2022-112, Summarily Vacating a portion of real property located north of Duncan Canyon Road, along what is commonly referred to as Lytle Creek Avenue; and a portion of real property located west of Oleander Avenue, along what is commonly referred to as South Highland Avenue, pursuant to the Streets and Highways Code, finding that adequate consideration exists for the transfer of property, once vacated, to the landowner of both parcels adjacent to the property.

K. Declaring Surplus Land - A Portion of Lytle Creek Road North of Duncan Canyon Road
21-1656
Approve Resolution No. 2022-114, declaring that a portion of Lytle Creek Road North of Duncan Canyon Road as “Exempt Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54221 Et Seq.

L. Police Department Monthly Information Update 21-1627 Accept the Police Department monthly information update for July 2022.

M. Approve the Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2023/2024 - 2027/2028
21-1645
Adopt Resolution No. 2022-113, adopting the Measure I Five Year Capital Project Needs Analysis (CPNA) for Fiscal Years 2023/2024 - 2027/2028.

N. Approval of Final Map for Tract No. 20382 21-1646
Approve the Final Map for Tract No. 20382 located south of Foothill Boulevard and west of Banana Avenue; accept easements; and authorize the City Manager to enter into a Subdivision Agreement with the subdivider.

21 City Council Meeting Minutes September 13, 2022
O. Award a Construction Contract for the Citrus Avenue at Chase Road Traffic Signal Project SB-08-DE-22
21-1653

1. Award and authorize the City Manager to execute a construction contract with California Professional Engineering for the construction of the Citrus Avenue at Chase Road Traffic Signal Project in the amount of $ 713,980 and authorize a 10% contingency in the amount of $71,398 (Bid No. SB-08-DE-22).

2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Citrus Avenue at Chase Road Traffic Signal Project.

P. Approve Federal Bureau of Investigation Inland Violent Crime Suppression Task Force Cost Reimbursement Agreement
21-1669

1. Approve and authorize the Chief of Police to execute a State and Local Task Force Agreement between the Federal Bureau of Investigation (FBI) Inland Violent Crime Suppression Task Force (IVCSTF) and the Fontana Police Department.

2. Approve and authorize the Chief of Police to renew said contract annually as long as it remains in the best interest of the City of Fontana.

3. Increase revenue and expenditure budgets ( 10140231) in the amount of $3,229.

Q. Approve San Bernardino County District Attorney Victim Advocacy Services Agreement
21-1670

1. Approve the Contract /Agreement between the San Bernardino County District Attorney’s Office (Bureau of Victim Services) and the Fontana Police Department to provide Victim Advocacy Services to improve the health, welfare, and quality of life of victims of crime including children.

2. Authorize the City Manager and the Chief of Police or his assigned designee to sign the Agreement, all related documents, and any amendments to continue this cooperative agreement as long as it is in the best interest of the City of Fontana.

R. Approve Crossing Guard Service Agreement between Fontana Unified School District, Etiwanda School District, and the City of Fontana
21-1671

1. Approve Amendment No. 1 of the Crossing Guard Services Agreement with Fontana Unified School District (FUSD), Etiwanda School District (ESD), and the City of Fontana (COF) for a one-year ( 1) term renewing year two ( 2) of the contract at the new rate of $27.35.

2. Approve a recurring appropriation from General Fund #101 to 10140352.8130 to provide for the annual contract increase over the prior year in the amount of $150,260.00.

22 City Council Meeting Minutes September 13, 2022

3. Approve a one-time appropriation in the amount of $ 6,293.70 which is 50% of the cost for one additional site serviced during the 2021/2022 school year ( 540 hours at $23.31 per hour = $12,587.40).

S. Purchase and Sale Agreement - 8436 Sierra Avenue 21-1673

1. Approve a Purchase & Sale Agreement for the sale of 8436 Sierra Avenue, APN # 01911311, located at the southwest corner of Sierra Avenue and Spring Street in Downtown Fontana.

2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.

T. Approve the Fontana Unified School District Police (FUSP) and the City of Fontana - Concurrent Jurisdiction
21-1674

1. Approve a Memorandum of Understanding (MOU) between the Fontana Unified School District (FUSD) and the City of Fontana to have their respective Police Departments cooperate to the fullest extent possible within their statutory obligations and responsibilities to provide efficient police services to the citizens and students of the City of Fontana.

2. Authorize the City Manager and the Chief of Police or his assigned designee to sign the MOU, all related documents, and any amendments to continue this cooperative agreement as long as it is in the best interest of the City of Fontana.

U. Amendment of the Conflict-of-Interest Code for the City of Fontana, Pursuant to the Political Reform Act of 1974
21-1663
Adopt Resolution No. 2022-115, of the City Council of the City of Fontana, California, adopting and approving the amended Conflict-of-Interest Code for the City of Fontana, Pursuant to the Political Reform Act of 1974.

V. Award a Professional Services Agreement for Geotechnical Engineering and Materials Testing Services for the Downtown Parking Structure Project SQ-07-DE-23.
21-1648

1. Award and authorize the City Manager to execute a Professional Services Agreement in a not to exceed amount of $271,518 with Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Inc. for Geotechnical Engineering and Materials Testing Services for the Downtown Parking Structure Project, Request for Proposals SQ-07-DE-

23. 2. Approve and authorize the City Manager to execute any future amendments to the Professional Services Agreement.

3. Approve and authorize the use of funds in the amount of $271,518 from Fund 302 as part of the City ’s American Rescue Plan Act Expenditure Plan (ARPA) revenue loss category.

W. Memorandum of Understanding between the Federal Bureau of Investigation (FBI) and the Fontana Police Department
21-1682

1. Approve a Memorandum of Understanding (MOU) between the Federal Bureau of Investigation (FBI) and the Fontana Police Department.

23 City Council Meeting Minutes September 13, 2022

2. Authorize the Chief of Police (or his designee) to sign the MOU, all related documents, and any amendments to continue this cooperative agreement as long as it remains in the best interest of the City of Fontana.

X. Approve the Agreement For Use of Range Facilities 21-1683

1. Approve and authorize the Chief of Police to execute the Operational Agreement and any amendments between San Bernardino County Sheriff ’s Department and the Fontana Police Department for use of range facilities for the period of August 1, 2022, through June 30, 2027, on a fee for service basis.

2. Approve and authorize the Chief of Police to continue said services as long as they remain in the best interest of the City of Fontana.

Y. Final Acceptance of the Village of Heritage Pool Deck Repair Project (MS-106-PW-22).
21-1686

1. Accept as complete the work performed by Masterseal Corporation for the Village of Heritage Pool Deck Repair project and approve the final construction cost of $223,200.

2. Authorize the City Engineer/Director of Public Works to file a notice of completion and release the 5% retention.

Z. Final acceptance of Walnut Village Iron Fencing Removal and Installation Project (SB-56-PW-22)
21-1687

1. Accept as complete the work performed by J & A Engineering Corporation for the Walnut Village Iron Fencing Removal and Installation Project and approve the final construction cost of $494,461.

2. Authorize the City Engineer/Director of Public Works to file a Notice of Completion and release the 5% retention.

AA. Fiscal Year 2022-23 Gann Spending Limit 21-1680
Adopt Resolution No. 2022 - 116 , establishing an Appropriations Limit of $337,778,231 pursuant to Article XIII(B) of the California Constitution for Fiscal Year 2022-23
AB. Award Bid for Pool Chemicals (SB-10-PW-22). 21-1637 Award bid and authorize the Purchasing Office to issue purchase orders for Pool Chemicals, SB-10-PW-22 for a period of two ( 2) years, renewable for three ( 3) one-year extensions at the City ’s sole discretion, for a total of $ 152,420 per year for an aggregate amount not to exceed $609,600 for the five (5) years.

1. SCP Distributors LLC dba Lincoln Aquatics, and

2. Waterline Technologies, Inc.,
PUBLIC HEARINGS:

A. Public Hearing and adoption of the Draft HOME-ARP Allocation Plan
21-1681

24 City Council Meeting Minutes September 13, 2022
ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, to approve staff recommendation as follows:

1. Open a public hearing to receive public comments on the Draft HOME-ARP Allocation Plan and the proposed expenditure of HOME-ARP funds in compliance with the requirements of the U.S. Department of Housing and Urban Development (HUD) and the City’s Citizen Participation Plan;

2. Direct staff to incorporate the public comments into the HOME-ARP Allocation Plan;

3. Review and approve the HOME-ARP Allocation Plan in the amount of $2,633,658; and

4. Authorize the City Manager or his designee to make necessary changes and submit the HOME-ARP Allocation Plan, execute documents related to the submission of the HOME-ARP Allocation
Plan.

5. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to facilitate the timely administration of the HOME ARP Acquisition, Rehabilitation, and Rental Program including but not limited to property purchase agreements.

The motion was moved by a roll call vote of 5-0 as follows: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None B. Public Hearing for Consolidated Annual Performance Evaluation Report (CAPER) and Adoption of the Community Development Block Grant-CARES Act (CDBG-CV) Substantial Amendment
21-1625

25 City Council Meeting Minutes September 13, 2022
Mayor Warren opened the public hearing.

City Clerk McClellan Key noted for the record that no written correspondence were received on this item.

Project Specialist Mary Aguilar provided the staff report.

The following individuals spoke in opposition of this item:

1. Jasmine Cunningham

2. Angel Ramirez

3. Gabriel Mendez

4. Ben

5. Ana Gonzalez

6. Cris Smith
Mayor Warren closed the public hearing.

Following public comment, Mayor Warren asked Deputy City Manager Phil Burum and Project Specialist Aguilar to provide clarification on some of the public comment received.

ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Cothran, to approve staff recommendation as follows:

1. Conduct a public hearing for the Consolidated Annual Performance and Evaluation Report prepared for the U.S. Department of Housing & Urban Development to report on specific Federal housing assistance and community development activities undertaken by the City of Fontana during Fiscal Year 2021-2022; and

2. Conduct a public hearing for the adoption of the Community Development Block Grant-CARES Act (CDBG-CV) funding Action Plan Substantial Amendment prepared for the U.S. Department of Housing & Urban Development; and

3. Authorize the City Manager to execute and transmit any documents necessary to submit the Consolidated Annual Performance and Evaluation Report and Community Development Block Grant-CARES Act (CDBG-CV) Substantial Amendment, along with any comments received during the public hearing and public comment period, to the Department of Housing & Urban Development.

26 City Council Meeting Minutes September 13, 2022
The motion was approved by a roll call vote of 5-0 as follows: AYES:

Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN:

None
C. Public Hearing on Formation of Community Facilities District No. 111 (Monterado)
21-1692

27 City Council Meeting Minutes September 13, 2022
Mayor Warren asked prior to opening the hearing, if there were any interested persons who wished to file a written protest on this item with the City Clerk. No such protest was presented.

Mayor Warren opened the public hearing.

City Clerk McClellan Key noted for the record that no written correspondence were received on this item.

Accountant Justin Marietta provided the staff report.

With no one interested to speak in favor or opposition of this item, Mayor Warren closed the public hearing.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, to approve the following:

1. Adopt Resolution No. 2022-117, of the City Council of the City of Fontana of formation of the City of Fontana Community Facilities District No. 111 (Monterado), authorizing the levy of a special tax within the community facilities district and establishing an appropriations limit for the community facilities district.

2. Adopt Resolution No. 2022-118, of the City Council of the City of Fontana deeming it necessary to incur bonded indebtedness within the City of Fontana Community Facilities District No. 111 (Monterado).

3. Adopt Resolution No. 2022-119, of the City Council of the City of Fontana calling special election for City of Fontana Community Facilities District No. 111 (Monterado).

The following motion was moved by a roll call vote of 5-0 as follows: AYES:

Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None City Clerk McClellan Key opened the ballot and read the results of the election.

The results were all in favor.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, to approve the following:

4. Adopt Resolution No. 2022-120, of the City Council of the City of Fontana declaring results of special election and directing the recording of notice of special tax lien.

5. Read by title only and waive further reading of and introduce Ordinance No. 1904 levying special taxes within the City of Fontana Community Facilities District No. 111 (Monterado); and that the reading of the title constitutes the first reading thereof.

28 City Council Meeting Minutes September 13, 2022

6. Adopt Resolution No. 2022- 121, of the City Council of the City of Fontana authorizing the execution and delivery of a Letter of Credit Agreement and an Acquisition and Funding Agreement.

The following motion was moved by a roll call vote of 5-0 as follows: AYES:

Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None D. Public Hearing on Formation of Community Facilities District No. 110M (Tract 16897)
21-1693

29 City Council Meeting Minutes September 13, 2022
Mayor Warren asked prior to opening the hearing, if there were any interested persons who wished to file a written protest on this item with the City Clerk. No such protest was presented.

Mayor Warren opened the public hearing.

City Clerk McClellan Key noted for the record that no written correspondence were received on this item.

Accountant Justin Marietta provided the staff report.

With no one interested to speak in favor or opposition of this item, Mayor Warren closed the public hearing.

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran, to approve the following:

1. Adopt Resolution No. 2022-122, of the City Council of the City of Fontana Establishing Community Facilities District No. 110M of the City of Fontana, County of San Bernardino, State of California, and Establishing the Boundaries Thereof.

2. Adopt Resolution No. 2022-123, of the City Council of the City of Fontana Calling a Special Election and Submitting to the Voters of Community Facilities District No. 110M of the City of Fontana, County of San Bernardino, State of California, a Proposition with Respect to the Annual Levy of Special Taxes within said Community Facilities District to Pay the Costs of Certain Services to be provided by the Community Facilities District and a Proposition with Respect to the Establishment of an Appropriations Limit for said Community Facilities District.

The following motion was moved by a roll call vote of 5-0 as follows: AYES:

Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None City Clerk McClellan Key opened the ballot and read the results of the election.

The results for Proposition 'A' were in favor; results for Proposition 'B' were in opposition.

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran, to approve the following:

3. Adopt Resolution No. 2022-124, of the City Council of the City of Fontana Declaring the Results of the Special Election for Community Facilities District No. 110M of the City of Fontana, County of San Bernardino, State of California, on the Propositions with Respect to (I) The Annual Levy of Special Taxes to Pay the Costs of Certain Services to be provided by the Community Facilities District and (II) The Establishment of an Appropriations Limit.

30 City Council Meeting Minutes September 13, 2022

4. Read by title only, and waive further reading of and introduce Ordinance No. 1905 Authorizing the Levy of a Special Tax within Community Facilities District No. 110M, that the reading of the Title constitutes the first reading thereof.

The following motion was moved by a roll call vote of 5-0 as follows: AYES:

Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None NEW BUSINESS:

A. American Rescue Plan Act Update 21-1688
Approve revisions to the American Rescue Plan Act (ARPA) Expenditure Plan, including the leveraged projects, and authorize staff to move forward with projects.

ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Roberts, to approve revisions to the American Rescue Plan Act (ARPA) Expenditure Plan, including the leveraged projects, and authorize staff to move forward with projects. The motion was passed by a 5-0 roll call vote as follows: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES; None; ABSTAIN: None
CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
City Manager Ballantyne clarified that staff will bring reports and updates back to Council in respect to ARPA funds as updates are warranted.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports

31 City Council Meeting Minutes September 13, 2022
City Treasurer Koehler-Brooks thanked Chief Financial Officer Brown on her presentation and commented on recently attended community events.

City Clerk McClellan Key commented on recently attended community events; recent attendance at the 2022 Annual Conference of the League of Cal Cities, Long Beach, CA; and congratulated Deputy City Clerk Arocho on recent installment as City Clerks Association of California (CCAC) 2nd Vice President.

Council Member Cothran commented on recently attended community events.

Mayor Pro Tem Garcia commented on recently attended community events; spoke on recent helicopter purchase for the Police Department; and highlighted recent press release with dignitary Secretary of Transportation, Pete Buttigieg.

Council Member Sandoval commented on recently attended community events; sent condolences to the families that have recently loss a loved one; and wished grandson Francisco a happy eighth birthday.

Council Member Roberts echoed Councilmen Sandoval; and highlighted recent press release with dignitary Secretary of Transportation, Pete Buttigieg.

Mayor Warren commented on recent attendance at the 2022 Annual Conference of the League of Cal Cities, Long Beach, CA; discussion of Raise Grant; highlighted recent press release with dignitary Secretary of Transportation, Pete Buttigieg; and finished with a discussion on housing and the un-housed.

ADJOURNMENT:

A. Adjournment

32 City Council Meeting Minutes September 13, 2022
Mayor Warren adjourned the meeting with a moment of silence to honor the following individuals who recently passed away:

Former City Clerk Tonia "Toni" Lewis; Caroldyne Swedlove, Morris Automotive; Jack Long, Founder of the Fontana Foundation of Hope; Barbara Chavez, Rialto Planning Commissioner and former Fontana School Board Member; Wilma Callen, Mother of Pam Anderson; Darren Gilbert; and Grace Vargas, Former Mayor of Rialto.

Mayor Warren adjourned the meeting at 10:03 p.m. to the next Regular City Council Meeting on Tuesday, September 27, 2022, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. ______________________________
Ashton R. Arocho, MMC
Deputy City Clerk

THE FOREGOING MINUTES WERE APPROVED AND ADOPTED BY THE FONTANA CITY COUNCIL ON SEPTEMBER 27, 2022.
____________________________
Germaine McClellan Key
City Clerk

33 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1724 Agenda Date: 9/27/2022
Agenda #: B. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Adoption of Ordinance No. 1904 (Second Reading)
RECOMMENDATION:

Second Reading/Adoption of Ordinance No. 1904, levying special taxes within the City of Fontana Community Facilities District No. 111 (Monterado).

COUNCIL GOALS:
· Practice sound fiscal management by developing long-term funding and debt management plans.

DISCUSSION:

Ordinance No. 1904 was introduced by a vote of 5-0 at the September 13, 2022, Regular City Council Meeting.

No written public communication was received.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 9/21/2022Page 1 of 1
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34 4150-1640-1466.1
ORDINANCE NO. 1904

AN ORDINANCE OF THE CITY OF FONTANA LEVYING A

SPECIAL TAX WITHIN THE CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 111
(MONTERADO)
WHEREAS, on July 26, 2022, the City Council (the “City Council”) of the City of Fontana (the “City”), pursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Fontana of Intention to Establish a Community Facilities District Proposed to be N amed City of Fontana Community Facilities District No. 111 (Monterado), and to Authorize the Levy of a Special Tax” stating its intention to establish City of Fontana Community Facilities District No. 111 (Monterado) (the “Community Facilities District”), to authorize the levy of a special tax (the “Special Tax”) within the Community Facilities District and to finance certain public facilities (the “Facilities”) and services (the “Services”);
WHEREAS, on September 13, 2022, the City Council held a noticed p ublic hearing on the establishment of the Community Facilities District, as required by the Act; WHEREAS, subsequent to the close of said hearing, the City Council adopted resolutions entitled “A Resolution of the City Council of the City of Fontana of For mation of the City of Fontana Community Facilities District No. 111 (Monterado), Authorizing the Levy of a Special Tax within the Community Facilities District and Establishing an Appropriations Limit for the Community Facilities District” (the “Resolution of Formation”), “A Resolution of the City Council of the City of Fontana Deeming it Necessary to Incur Bonded Indebtedness within City of Fontana Community Facilities District No. 111 (Monterado)” and “A Resolution of the City Council of the City of Fonta na Calling Special Election for City of Fontana Community Facilities District No. 111 (Monterado),” which resolutions established the Community Facilities District, authorized the levy of the Special Tax within the Community Facilities District and called an election within the Community Facilities District on the proposition of incurring indebtedness, levying the Special Tax within the Community Facilities District and establishing an appropriations limit for the Community Facilities District, respectively; and
WHEREAS, on September 13, 2022, an election was held in which the qualified electors of the Community Facilities District approved said proposition by more than the two -thirds vote required by the Act;

THE CITY COUNCIL OF THE CITY OF FONTANA DOES OR DAIN AS FOLLOWS:

Section 1. The City Council hereby authorizes and levies the Special Tax within the Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in accordance with the method of apportionment set forth in Exhibit B to the Resolution of Formation (the “Rate and Method of Apportionment”). The Special Tax is hereby levied commen cing in fiscal year 2022-23 and in each fiscal year thereafter until the last fiscal year in which such Special Tax is authorized to be levied pursuant to the Rate and Method of Apportionment. 35 2
4150-1640-1466.1

Section 2. The City Council may, in accordance with subdivision (b) of Section 53340 of the Act, provide, by resolution, for the levy of the Special Tax in future tax years at the same rate or at a lower rate than the rate provided by this Ordinance. In no event shall the Special Tax be levied on any parcel within the Communit y Facilities District in excess of the maximum tax specified therefor in the Rate and Method of Apportionment.

Section 3. The Special Tax shall be levied on all of the parcels in the Community Facilities District, unless exempted by law or by the Rate and Method of Apportionment.

Section 4. The proceeds of the Special Tax shall only be used to pay, in whole or in part, the cost of providing the Facilities and Services and incidental expenses pursuant to the Act.

Section 5. The Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in the case of delinquency as is provided for ad valorem taxes, unless another procedure is adopted by the City Council.

Section 6. If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the Community Facilities District, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the Community Facilities District shall not be affected.

Section 7. This Ordinance shall take effect and shall be in force 30 days after the date of its adoption and prior to the expiration of 1 5 days from the passage thereof shall be published at least once in the Fontana Herald News, a newspaper of general circulation, printed and published in the City of Fontana, State of California, together with the names of the City Council members voting for and against the same.

APPROVED AND ADOPTED this ____ day of _________ 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

36 4150-1640-1466.1

I, Germaine McClellan Key, City Clerk of the City of Fontana and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance introduced at a regular meeting of said City Council on September 13, 2022, and was finally passed and adopted not less than five days thereafter on ___________, 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

City Clerk

Mayor

ATTEST:

City Clerk
37 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1725 Agenda Date: 9/27/2022
Agenda #: C. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Adoption of Ordinance No. 1905 (Second Reading)
RECOMMENDATION:

Second Reading / Adoption of Ordinance No. 1905, authorizing the levy of a Special Tax within Community Facilities District No. 110M.

COUNCIL GOALS:
· Practice sound fiscal management by developing long-term funding and debt management plans.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community through code enforcement, street sweeping, and landscape maintenance.

DISCUSSION:

Ordinance No. 1905 was introduced by a vote of 5-0 at the September 13, 2022, Regular City Council meeting.

No written public correspondence was received on this item.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 9/21/2022Page 1 of 1
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38

ORDINANCE NO. 1905

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 110M.

WHEREAS, the City Council of the City of Fontana, (the “City Council”) has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified elector relating to the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the Sta te of California (the “Act”). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 105M OF THE CITY OF FONTANA (the “CFD”).

THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS
FOLLOWS:

Section 1. That the above recital is true and correct.

Section 2. Findings
A) It is necessary that the City Council levy special taxes pursu ant to Section 53340 of the Act the payment of the costs of services within and surrounding the area of the CFD (the “Special Tax ”), and for payment of administrative expenses incurred in connection with the levy and collection of said Special Tax.

B) The Special Tax to be levied is in compliance with all laws pertaining to said levy, including, without limitation, all applicable provisions of the Act.

C) The Special Tax is levied for the purpose of paying costs relating to the maintenance of street l ighting, landscaping, park maintenance, detention basins/water quality systems, and open space facilities within and surrounding the area of the CFD, mailboxes located within the CFD owned by the City with an estimated useful life of five or more years, and paying the incidental expenses incurred by the City in administering the CFD, all in accordance with the Act and Resolution No. 2022-___ of the City.

D) The Special Tax will be levied without regard to property valuation.

Section 3 . That the City Cou ncil does, by the passage of this Ordinance, authorize the levy of the Special Tax on all parcels of real property within the CFD which are subject to taxation, subject to a maximum Special Tax as defined in Exhibit “A”, the Rate and Method of Apportionmen t of Special Tax, attached hereto and by this reference made a part hereof.
39

Section 4. That the City Council is further authorized each year, by resolution, to determine the specific Special Tax rate and amount to be levied for each fiscal year, except that the Special Tax rate to be levied shall not exceed the maximum Special Tax as set forth in Exhibit “A,” but the Special Tax may be levied at a lower rate.

Section 5. Upon the effective date of this Ordinance, the Special Tax shall be and is hereby levied for Fiscal Year 2023-2024 on all parcels of real property within the CFD which are subject to taxation, which are identified in Exhibit “B” attached hereto, and in the amount set forth for each such parcel in said Exhibit “B”. Pursuant to Section 53340 of the Act, commencing in Fiscal Year 20 23-2024 such Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected. The Special Taxes shall have the same lien and priority in the case of delinquency as is provided for ad valorem taxes.

Section 6 . The City Clerk shall immediately following the adoption of this Ordinance transmit a copy of this ordinance to the Board of Supervisors and the County Auditor of the County of San Bernardino (the “County”), together with a request that the Special Tax as levied hereby be collected on the tax bills for the parcels identified in Exhibit “B” hereto along with the ordinary ad valorem property taxes, to be levied on and collected from the owners of said parcels commencing in F iscal Year 20 23-2024. The tax collector of the County is authorized to and may deduct reasonable administration costs incurred in collecting the Special Tax.

Section 7 . This Ordinance shall take effect thirty (30) days after the date of adoption and pri or to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in a newspaper of general circulation, published and circulated in the boundaries of the City and the CFD, and henceforth and thereafter the same shall be in full force and effect.

40

APPROVED AND ADOPTED this 13th day of September, 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Tonia Lewis, City Clerk of the City of Fontana, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting of said City Council on the 13th day of September, 2022, and was passed and adopted not less than five (5) days thereafter on the 27th day of September, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

City Clerk of the City of Fontana

Mayor of the City of Fontana

ATTEST:

City Clerk

41 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1630 Agenda Date: 9/27/2022
Agenda #: D. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Monthly Information Update
RECOMMENDATION:

Accept the Police Department monthly information update for August 2022.

COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by informing the public about issues, program, and accomplishments.
· Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.

DISCUSSION:

The August 2022 monthly information report has been completed. Once the report is accepted by the City Council it will be featured on the Department website.

FISCAL IMPACT:

There is no fiscal impact.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 9/21/2022Page 1 of 1
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42 2022 CRIME STATISTICS ARE IN NIBRS
FORMAT
• As reported to the community in October of 2021, the Fontana Police Department transitioned from Uniform Crime Reporting (UCR) format to the Department of Justice mandated National Incident Based Reporting System (NIBRS).
• There were significant reporting requirement changes, in terms of types of crimes and categories reported.
• As a result, year-to-year comparison reporting is not available due to the new format and crimes reported.
• As an example, Robbery was reported as a Crime Against Person in UCR format but transitioned to a Property Crime under NIBRS. • It is important to note nothing has changed in the manner your Fontana Police Department investigates crimes.
43 POLICE DEPARTMENT

MONTHLY REPORT
August 2022
44 NOTEWORTHY EVENTS
• The Fontana Police Department hosted National Night Out at Miller Park • Lieutenant Fileto hosted an Area 3 community meeting at Dolores Huerta Academy • The Major Accident Investigation Team (MAIT) conducted a fatal traffic investigation in the area of Foothill and Almeria
• Detectives from the Fontana Police Department's Internet Crimes Against Children (ICAC) Task Force discovered conducted multiple investigations and made several arrests of adults trafficking in Child Sexual Abuse Material (CSAM) over the internet
• The police department hosted a blood drive event
• The Community Outreach and Public Engagement (COPE) unit hosted a playdate in the park event at Martin Tudor Park
• Lieutenant Imhof hosted an Area 4 community meeting at Southridge Middle School • Officer Venzor organized a birthday event for a child in the community that had all of his birthday money stolen during a burglary
• Lieutenant Binks graduated from the LAPD Advanced Leadership Academy • Officers volunteered to cook hamburgers at an event at Sunrise Church for seniors KA1
45 Slide 3
KA1 Kevin Anderson, 2/9/2021
46 47

CITYWIDE
• Priority 1 response time- 4:50 (Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 10,072
• Total Traffic Accidents- 292
• Non-Injury- 222, Injury - 70
• Total arrests- 667
• Hispanic- 405, White- 128, Black- 117, All others races- 17 • Total Group A Offenses- 887
• Crimes Against Persons- 208
• Crimes Against Property- 446
• Crimes Against Society- 233
48 CITYWIDE• Crimes Against Person- 190
• Homicide- 1
• Sex Offenses- 12
• Assault- 155
• Kidnapping- 4
• Other- 18
• Crimes Against Property- 419
• Robbery- 24
• Burglary- 47
• Larceny- 143
• Destruction of Property- 40
• Fraud- 53
• Possession of Stolen Property- 63
• Motor Vehicle Theft- 36
• Other Miscellaneous Property Crimes- 13
• Crimes Against Society- 227
• Drug and Paraphernalia Possession- 186
• Possession of Child Pornography- 14
• Possession of Weapons- 27
• Other Miscellaneous Crimes- 0
49 CRIMES BY BEAT
• Police Department Beat system is NOT
geographically the same as City Council
representation Districts
• Beat 1- All area north of 210 Freeway
• Beat 2- All area south of 210 Freeway and
north of Foothill
• Beat 3- All area south of Foothill and north
of 10 Freeway
• Beat 4- All area south of the 10 Freeway
Area 1
Area 2
Area 3
Area 4
50 BEAT 1

AREA COMMANDER IS LIEUTENANT CARLO GRANILLO
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 99
• Crimes Against Persons- 26
• Crimes Against Property- 62
• Crimes Against Society- 11
51 BEAT 2

AREA COMMANDER IS LIEUTENANT ADAM CLABAUGH
EMAIL- [email protected]
DESK- (909) 854-8004
• Total Group A Offenses- 200
• Crimes Against Persons- 55
• Crimes Against Property- 105
• Crimes Against Society- 40
52 BEAT 3

AREA COMMANDER IS LIEUTENANT RAUL FILETO
EMAIL – [email protected]
DESK – (909) 854-8161
• Total Group A Offenses- 400
• Crimes Against Persons- 100
• Crimes Against Property- 182
• Crimes Against Society- 118
53 Beat 4

AREA COMMANDER IS LIEUTENANT DOUG IMHOF
EMAIL – [email protected]
DESK – (909) 350-7707
• Total Group A Offenses- 155
• Crimes Against Persons- 26
• Crimes Against Property- 95
• Crimes Against Society- 34
54 ADDITIONAL USEFUL INFORMATION
• For more information regarding specific geographical crime data, visit www.crimemapping.com and enter your zip code
• Police Department information line- (909) 350-7740
• Police Department Dispatch non-emergency line- (909) 350-7700 • Anonymous crime reporting (909) 356-TIPS to leave a recorded message
• Report Graffiti on City Property- (909) 350-GONE
• Office of the Chief- (909) 350-7702 or [email protected] 55 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1631 Agenda Date: 9/27/2022
Agenda #: E. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Approve Donations of Dog “Arrow”and Present and Future Accompanying K-9 Dog Equipment from Fontana Police K-9 Pals, a California Nonprofit Corporation.

RECOMMENDATION:

1. Approve the donation of the dog “Arrow”from Fontana Police K-9 Pals, a California nonprofit corporation, to the City of Fontana in order for “Arrow”to become part of the Fontana Police Department’s K-9 Unit.

2. Approve present and future accompanying K-9 dog equipment from Fontana Police K-9 Pals to support the Fontana Police Department’s K-9 Unit operations.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Improve public safety by emphasizing community-oriented policing, community involvement, and youth programs.

DISCUSSION:

The City of Fontana Police Department currently has a need for an additional dog to become part of its K-9 Unit. Fontana Police K-9 Pals, a California nonprofit corporation, has a dog named “Arrow” that it desires to donate permanently and irrevocably to the City of Fontana at no cost in order to fulfill the Police Department’s needs.

The remaining money from the Stater Bros. charities grant assisted with the purchase of K-9 “Arrow.” “Arrow”was purchased for $8,000 by the Fontana Police K-9 pals. “Arrow”was named after Red Arrow Kennels which has been owned and operated by longtime K-9 Pals President, Lillie Hoye, who has generously donated her property for the use of our regional K-9 training center. The training center is located on Arrow Boulevard, a major arterial street through Fontana. K-9 “Arrow”has been certified for patrol and will also be attending tracking training in November. He will be cross trained in narcotics detection.

Fontana Police K-9 Pals also desires to donate, on an on-going basis, accompanying K-9 dog equipment in order to support the Police Department’sK-9 Unit operations, such as, but not limited to, e-collars, leashes, and toys.

The Police Department would like to receive the donation of “Arrow”into its K-9 Unit and would also like to receive present and future donations of accompanying K-9 dog equipment for its operations City of Fontana Printed on 9/21/2022Page 1 of 2
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56 File #: 21-1631 Agenda Date: 9/27/2022
Agenda #: E. Category: Consent Calendar
like to receive present and future donations of accompanying K-9 dog equipment for its operations from Fontana Police K-9 Pals.

FISCAL IMPACT:

The acceptance of canine “Arrow”represents a cost savings to the City of $8,000.00 plus continued savings through additional donations of related equipment from K-9 Pals. On-going maintenance costs for canine “Arrow” are included in the Fiscal Year 2022-2023 budget.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 9/21/2022Page 2 of 2
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57 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1632 Agenda Date: 9/27/2022
Agenda #: F. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Approve Donations of Dog “Leo”and Present and Future Accompanying K-9 Dog Equipment from Fontana Police K-9 Pals, a California Nonprofit Corporation.

RECOMMENDATION:

1. Approve the donation of the dog “Leo”from Fontana Police K-9 Pals, a California nonprofit corporation, to the City of Fontana in order for “Leo” to become part of the Fontana Police Department’s K-9 Unit.

2. Approve present and future accompanying K-9 dog equipment from Fontana Police K-9 Pals to support the Fontana Police Department’s K-9 Unit operations.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Improve public safety by emphasizing community-oriented policing, community involvement, and youth programs.

DISCUSSION:

The City of Fontana Police Department currently has a need for an additional dog to become part of its K-9 Unit. Fontana Police K-9 Pals, a California nonprofit corporation, has a dog named “Leo”that it desires to donate permanently and irrevocably to the City of Fontana at no cost in order to fulfill the Police Department’s needs.

K-9 “Leo”was purchased with funds received from Stater Bros. charities. Stater Bros. charities provided a $10,000 grant to the Fontana Police K-9 Pals for the purchase of a new cross trained police dog. K-9 “Leo”was purchased by the Fontana Police K-9 Pals using the Stater Bros. charities grant funds for $8,000. His name “Leo”comes from one of the founding partners for Stater Bros. who were twin brothers. K-9 “Leo”has been certified for patrol and will be attending human tracing training in November. He will also be cross trained to find explosives and firearms.

Fontana Police K-9 Pals also desires to donate, on an on-going basis, accompanying K-9 dog equipment in order to support the Police Department’sK-9 Unit operations, such as, but not limited to, e-collars, leashes, and toys.

The Police Department would like to receive the donation of “Leo”into its K-9 Unit and would also like to receive present and future donations of accompanying K-9 dog equipment for its operations from City of Fontana Printed on 9/21/2022Page 1 of 2
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58 File #: 21-1632 Agenda Date: 9/27/2022
Agenda #: F. Category: Consent Calendar
Fontana Police K-9 Pals.

FISCAL IMPACT:

The acceptance of canine “Leo”represents a cost savings to the City of $8,000 plus continued savings through additional donations of related equipment from K-9 Pals. On-going maintenance costs for canine “Leo” are included in the Fiscal Year 2022-2023 budget.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 9/21/2022Page 2 of 2
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59 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1649 Agenda Date: 9/27/2022
Agenda #: G. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Construction Contract for the Police Facility Fence Installation Project RECOMMENDATION:

1. Award and authorized the City Manager to execute a construction contract with J & A Engineering Corp. for the construction of the Police Facility Fence Installation Project in the amount of $358,275.44 and authorize a 10% contingency in the amount of $35,827.54 (Bid No. SB-03-DE-23).

2. Appropriate $75,000.00 from PD Capital Facilities Fund 636 to the Police Facility Fence Installation Project No. 36000021.

3. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Police Facility Fence Installation Project.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

The City of Fontana determined the need for the installation of wrought iron fencing and vehicular gates to control access near the Police Department (PD) and its parking facilities along Seville Avenue, between Wheeler Avenue and Emerald Avenue.

On August 11, 2022 at 2:00 p.m. the bids for this contract were opened. A total of five (5) bids were received ranging from $358,275.44 to $973,970.00. J & A Engineering Corp. is the lowest bidder in the amount of $358,275.44. The Engineer's estimate was $320,000.00. After reviewing the proposed bid documents and performing reference checks, Engineering staff has determined J & A Engineering Corp. to be the lowest and responsible bidder.

FISCAL IMPACT:

This project is possible through the PD Capital Facilities Fund (Fund 636) and is funded in Fiscal Year 2022-2023 Project No. 36000021, PD Fence on Seville Ave. Project. An additional City of Fontana Printed on 9/21/2022Page 1 of 2
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60 File #: 21-1649 Agenda Date: 9/27/2022
Agenda #: G. Category: Consent Calendar
appropriation of $75,000.00 from PD Capital Facilities Fund 636 will be included with the Fiscal Year 2022/2023 First Quarter budget request.

MOTION:

Approve staff recommendation.

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61 N01 inch = 600 feet1200600

POLICE FACILITY FENCE INSTALLATION PROJECTPROJECT LOCATION 62 Bid Results
Police Facility Fence Installation Project
SB-03-DE-23

1. J & A Engineering Corp. $358,275.44
Azusa, CA

2. Cornejo Construction Company $460,750.00
Santa Barbara, CA

3. AZ Construction, Inc. $733,231.00
La Puente, CA

4. CS Legacy Construction, Inc. $854,505.77
Walnut, CA

5. Elegant Construction, Inc. $973,970.00
Irvine, CA

63 City of Fontana
Police Facility Fence Installation Project (SB-03-DE-23), bidding on 08/11/2022 2:00 PM (PDT)

Printed 08/11/2022
PlanetBids, Inc.
64 City of Fontana
Police Facility Fence Installation Project (SB-03-DE-23), bidding on 08/11/2022 2:00 PM (PDT)

Printed 08/11/2022
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65 City of Fontana
Police Facility Fence Installation Project (SB-03-DE-23), bidding on 08/11/2022 2:00 PM (PDT)

Printed 08/11/2022
PlanetBids, Inc.
66 City of Fontana
Police Facility Fence Installation Project (SB-03-DE-23), bidding on 08/11/2022 2:00 PM (PDT)

Printed 08/11/2022
PlanetBids, Inc.
67 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1691 Agenda Date: 9/27/2022
Agenda #: H. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Approve Release of K-9 Unit Dog “Wyatt” and Accompanying K-9 Equipment to his Hander Casey Mutter
RECOMMENDATION:

Approve contract No. MS-69-PD-23 between the City of Fontana and Casey Mutter to release K-9 dog “Wyatt”and accompanying K-9 dog equipment, including a kennel, transportation kennel, custom fit muzzle, dogloo, and two leashes, to him.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability.

DISCUSSION:

The City of Fontana Police Department has a K-9 Unit dog named “Wyatt”that is ready to retire. K-9 “Wyatt”,donated by the Fontana Police K-9 Pals, a California nonprofit corporation, has served 6 ½ years. He was directly involved in approximately 24 apprehensions during his tenure. He was also responsible for the seizure of several hundred firearms, as well as the seizure of several pounds of explosive. “Wyatt”has also assisted with the tracking of multiple missing subjects and wanted suspects. “Wyatt” saved an estimated 6,500 man hours with his olfactory ability.

The City of Fontana desires to release “Wyatt”and some of his accompanying K-9 dog equipment to his handler, Casey Mutter, for a fee of $1.00. Casey Mutter is willing to and desires to give the City of Fontana $1.00 in exchange for receiving “Wyatt” and some of his accompanying K-9 dog equipment.

FISCAL IMPACT:

Revenue received from the release of K-9 “Wyatt” will by deposited into 10140200.6450.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 9/21/2022Page 1 of 1
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CITY OF FONTANA
RELEASE OF K-9 DOG AGREEMENT
CONTTACT NUMBER: MS-69-PD-23

This Agreement is made and entered into this 27th day of September 2022, by and between the City of Fontana , a municipal corporation organized under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”) and Casey Mutter (“Handler”), hereinafter “Agreement .” City and Handler are sometimes hereinafter referred to individually as “Party” and collectively as the “Parties.”

RECITALS

A. City is a municipal corporation organized under the laws of the State of California, with power to sell property.

B. Handler is a police officer in th e City’s Police Department K -9 Unit and handles “Wyatt,” who is ready to retire.

C. The City desires to release “ Wyatt” and some of his accompanying K -9 dog equipment to Handler for a fee of $1.00.

D. Handler is willing to and desires to give the City of Fontana $1.00 in exchange for receiving “ Wyatt” and some of his accompanying K -9 dog equipment , including a kennel, transportation kennel, custom fit muzzle, Dogloo, and two leashes (hereinafter “K -9 Dog Equipment”).

NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties hereby agree as follows:

1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.

2. Payment. Handler agrees to pay the sum of $1.00 to the City of Fontana by October 31, 20 22, in exchange for receiving “ Wyatt” as his personal dog along with Wyatt’s accompanying K-9 Dog Equipment

3. Release of “Wyatt” and Accompanying K-9 Equipment. Upon City’s receipt of $1.00 from Handler for the purpose of releasing “ Wyatt” and his accompanying K -9 Dog Equipment to him, City shall so release “Wyatt” and the accompanying K-9 Dog Equipment within thirty (30) days.

4. Acknowledgment. Handler hereby acknowledges that he understands that upon the City releasing “Wyatt” and his accompanying K -9 Dog Equipment to him, they will become Handler’s personal property and the City will retain no proprietary interest in them whatsoever.

Handler further acknowledges that he understands t hat the change of property characterization from City property to Handler’s personal property sh all become operative upon the date of 69 16498.00006\31402915.1
signature (“Effective Date”) of this Agreement. Handler further acknowledges that as of the Effective Date of this Agreem ent, Handler may not represent to anyone that “ Wyatt” is a dog of the City or of the City’s Police Department but may represent that “Wyatt” is a retired dog of the City or the City’s Police Department.

5. Indemnification. As of the Effective Date of t his Agreement, to the fullest extent permitted by law, Handler shall defend, indemnify, and hold the City, the City Council, each of the City Councilmembers, its directors, officials, officers, employees, volunteers, and agents free and harmless from any a nd all claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors, or omissions of “Wyatt.” This obligation shall survive any termination of this Agreement.

6. General Release. It is the in tention of the Parties that this Agreement is effective as a bar to all actions, causes of action, obligations, costs, expenses, attorney’s fees, damages, losses, claims, liabilities and demands of any character, nature, and kind, known or unknown, suspected or unsuspected; in furtherance of which intention the Buyer expressly waives any and all right and benefit conferred upon him by the provisions of Section 1542 of the California Civil Code, which reads as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executi ng the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

7. Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a cour t of competent jurisdiction, the remaining provisions shall continue in full force and effect.

8. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original. All counterparts shall be construed together and shall constitute one single Agreement.

[SIGNATURES ON FOLLOWING PAGE]

70 16498.00006\31402915.1

SIGNATURE PAGE
TO

CITY OF FONTANA
RELEASE OF K-9 DOG AGREEMENT
CONTRACT NUMBER: MS-69-PD-23

CITY OF FONTANA CASEY MUTTER

By:

Matthew C. Ballantyne
City Manager
Attest:

By:

City Clerk

Approved as to form:

By:

Best Best & Krieger LLP
City Attorney

By:

William P. Green
Chief of Police

71 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1697 Agenda Date: 9/27/2022
Agenda #: I. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Approve Release of K-9 Unit Dog “Axl” and Accompanying K-9 Equipment to his Handler Bradley Terwilliger
RECOMMENDATION:

Approve contract No. MS-70-PD-23 between the City of Fontana and Bradley Terwilliger to release K -9 dog “Axl”and accompanying K-9 dog equipment, including a kennel, transportation kennel, custom fit muzzle, dogloo, and two leashes, to him.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability.

DISCUSSION:

The City of Fontana Police Department has a K-9 Unit dog named “Axl”that is ready to retire. K-9 “Axl”,donated by the Fontana Police K-9 Pals, a California nonprofit corporation, has served 3 ½ years. He was directly involved in multiple apprehensions during his tenure. He was also responsible for the seizure of several hundred pounds of narcotics, as well as the seizure of over $3 million dollars in cash. “Axl” saved an estimated 3,000 man hours with his olfactory ability.

The City of Fontana desires to release “Axl”and some of his accompanying K-9 dog equipment to his handler, Bradley Terwilliger, for a fee of $1.00. Bradley Terwilliger is willing to and desires to give the City of Fontana $1.00 in exchange for receiving “Axl”and some of his accompanying K-9 dog equipment.

FISCAL IMPACT:

Revenue received from the release of K-9 “Axl”: will by deposited into 10140200.6450.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 9/21/2022Page 1 of 1
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72 16498.00006\31402915.1

CITY OF FONTANA
RELEASE OF K-9 DOG AGREEMENT
CONTTACT NUMBER: MS-70-PD-23

This Agreement is made and entered into this 27th day of September 2022, by and between the City of Fontana , a municipal corporation organized under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”) and Bradley Terwilliger (“Handler”), hereinafter “Agreement .” City and Handler are sometimes hereinafter referred to individually as “Party” and collectively as the “Parties.”

RECITALS

A. City is a municipal corporation organized under the laws of the State of California, with power to sell property.

B. Handler is a police office r in the City’s Police Department K -9 Unit and handles “Axl,” who is ready to retire.

C. The City desires to release “ Axl” and some of his accompanying K -9 dog equipment to Handler for a fee of $1.00.

D. Handler is willing to and desires to give the City of Fontana $1.00 in exchange for receiving “ Axl” and some of his accompanying K -9 dog equipment , including a kennel, transportation kennel, custom fit muzzle, Dogloo, and two leashes (hereinafter “K -9 Dog Equipment”).

NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties hereby agree as follows:

1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.

2. Payment. Handler agrees to pay the sum of $1.00 to the City of Fontana by October 31, 20 22, in exchange for receiving “ Axl” as his personal dog along with Axl’s accompanying K-9 Dog Equipment

3. Release of “Axl” and Accompanying K-9 Equipment. Upon City’s receipt of $1.00 from Handler for the purpose of releasing “Axl” and his accompanying K-9 Dog Equipment to him, City shall so release “ Axl” and the accompanying K-9 Dog Equipment within thirty (30) days.

4. Acknowledgment. Handler hereby acknowledges that he understands that upon the City releasing “ Axl” and his accompanying K -9 Dog Equipment to him, they will become Handler’s personal property and the City will retain no proprietary interest in them whatsoever.

Handler further acknowledges that he understands that the chan ge of property characterization from City property to Handler’s personal property sh all become operative upon the date of 73 16498.00006\31402915.1
signature (“Effective Date”) of this Agreement. Handler further acknowledges that as of the Effective Date of this Agreement, Handler may not represent to anyone that “Axl” is a dog of the City or of the City’s Police Department but may represent that “ Axl” is a retired dog of the City or the City’s Police Department.

5. Indemnification. As of the Effective Date of this Agreement, t o the fullest extent permitted by law, Handler shall defend, indemnify, and hold the City, the City Council, each of the City Councilmembers, its directors, officials, officers, employees, volunteers, and agents free and harmless from any and all claims, d emands, causes of action, costs, expenses, liability, loss, damage, or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors, or omissions of “Axl.” This obligation shall survive any termination of this Agreement.

6. General Release. It is the in tention of the Parties that this Agreement is effective as a bar to all actions, causes of action, obligations, costs, expenses, attorney’s fees, damages, losses, claims, liabilities and demands of any character, nature, and kind, known or unknown, suspected or unsuspected; in furtherance of which intention the Buyer expressly waives any and all right and benefit conferred upon him by the provisions of Section 1542 of the California Civil Code, which reads as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and th at, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

7. Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisd iction, the remaining provisions shall continue in full force and effect.

8. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original. All counterparts shall be construed together and shall constitute one single Agreement.

[SIGNATURES ON FOLLOWING PAGE]

74 16498.00006\31402915.1

SIGNATURE PAGE
TO

CITY OF FONTANA
RELEASE OF K-9 DOG AGREEMENT
CONTRACT NUMBER: MS-70-PD-23

CITY OF FONTANA BRADLEY TERWILLIGER

By:

Matthew C. Ballantyne
City Manager
Attest:

By:

City Clerk

Approved as to form:

By:

Best Best & Krieger LLP
City Attorney

By:

William P. Green
Chief of Police

75 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1708 Agenda Date: 9/27/2022
Agenda #: J. Category: Consent Calendar
FROM:

Police Department
SUBJECT:
2021 Homeland Security Grant (HSGP)
RECOMMENDATION:

1. Accept the 2021 Homeland Security Grant Program subrecipient award in the amount $40,451 from the Office of Homeland Security.

2. Authorize the Chief of Police or his designee to sign all related grant documents including extensions or modifications for the grant; and expend funds as outlined in the grant agreement.

3. Approve allocation of funds in the amount of $40,451 in the Grant Fund #301, Project 40200003 - 2021 Homeland Security Grant
COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Improve public safety by minimizing impacts from disasters through emergency and disaster preparedness.

DISCUSSION:

The Office of Homeland Security has made available funding to agencies under the FY 2021 Homeland Security Grant Program. The City of Fontana has received grant funding in the amount of $40,451. The Fontana Police Department plans to utilize 2021 HSGP funding to purchase various computer equipment, canine equipment/training, and software/hardware products for security information and event management project. If items become unavailable, an amendment to the grantor to identify other priority equipment will be processed.

FISCAL IMPACT:

The City of Fontana will increase revenues in the amount of $40,451; and increase appropriations for expenditures in the amount of $40,451 in Grant Fund #301, Project # 40200003-301-A. Appropriate budget adjustments will be submitted to the Budget Office with the 1st Quarter Budget Status Report.

MOTION:

Accept staff recommendation.

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76 77
78 FY2021
Homeland Security Grant Program
Law Jurisdiction's Proposed Allocations
No. Law Jurisdictions
Population
(POP) Base
Percentage
based on
POP
Total District
Allocation
1 Adelanto Sheriff 35,663 12,000$ 4,764$ 16,764$ 2 Apple Valley Sheriff 74,394 12,000 9,937$ 21,937$ 3 Barstow 24,268 12,000 3,241$ 15,241$ 4 Chino 89,109 12,000 11,902$ 23,902$ 5 Chino Hills 82,409 12,000 11,007$ 23,007$ 6 Colton 54,118 12,000 7,229$ 19,229$ 7 Fontana 213,000 12,000 28,451$ 40,451$ 8 Grand Terrace 12,426 12,000 1,660$ 13,660$ 9 Hesperia Sheriff 96,393 12,000 12,875$ 24,875$ 10 Highland 55,323 12,000 7,390$ 19,390$ 11 Loma Linda 24,535 12,000 3,277$ 15,277$ 12 Montclair 39,490 12,000 5,275$ 17,275$ 13 Needles 5,248 12,000 701$ 12,701$ 14 Ontario 182,871 12,000 24,426$ 36,426$ 15 Rancho Cucamonga 175,522 12,000 23,445$ 35,445$ 16 Redlands 70,952 12,000 9,477$ 21,477$ 17 Rialto 104,553 12,000 13,965$ 25,965$ 18 San Bernardino 217,946 12,000 29,111$ 41,111$ 19 Twentynine Palms Shriff 29,258 12,000 3,908$ 15,908$ 20 Unincorporated/Sheriff 322,616 12,000 43,092$ 55,092$ 21 Upland 78,814 12,000 10,527$ 22,527$ 22 Victorville 126,432 12,000 16,888$ 28,888$ 23 Yucaipa 55,712 12,000 7,441$ 19,441$ 24 Yucca Valley 22,236 12,000 2,970$ 14,970$ Total 2,193,288 288,000$ 292,959$ 580,959$ Population provided by the California Department of Finance http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-1/ 79 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1710 Agenda Date: 9/27/2022
Agenda #: K. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Fontana Police Department to Accept 2002 Pierce Heavy Rescue Vehicle RECOMMENDATION:

1. Accept 2002 Pierce Heavy Rescue Vehicle (VIN #1K9AF4283YN058185) donation from the San Bernardino County Fire Protection District.

2. Approve a recurring appropriation from the General Fund in the amount of $12,670 to cover the Operating & Maintenance costs associated with this vehicle.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Improve public safety by maximizing fire and emergency medical service resources.

DISCUSSION:

The San Bernardino County Fire Protection District (SBCFPD) declared the 2002 Pierce Heavy Rescue Vehicle as a surplus property that has exceeded the useful life and their departmental needs.

The Fontana Police Department formally expressed interest in the vehicle in May 2022 to be use by the Special Weapons and Tactics Team (SWAT) when responding to critical incidents.

The vehicle will be utilized to store and transport all emergency equipment in the event of a critical/tactical incident. Additional General Fund monies need to be requested to pay for the annual O & M associated with vehicle. The generous vehicle donation by SBCFPD has an estimated value of $6,700. This donation will help support and benefit the Fontana Community.

FISCAL IMPACT:

Recurring appropriations for O & M in the amount of $12,670.00 are requested for account #10140370-8210. Budget forms will be included in the Police Department First Quarter adjustments.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 9/21/2022Page 1 of 1
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80 81
82 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1716 Agenda Date: 9/27/2022
Agenda #: L. Category: Consent Calendar
FROM:

Planning Department
SUBJECT:

Pre-annexation Agreement No. 22-001, between the City of Fontana and Inland Senior Development, LLC Investments, for the provision of sewer service to a 112-Unit Multi-Family Condominium Project located South of Foothill Boulevard, on the West side of Banana Avenue.

RECOMMENDATION:

1. Find that the project is Exempt pursuant to Section No. 15268(b)(4) (Ministerial Project, Utility Connection) of the California Environmental Quality Act (CEQA) and, direct staff to file a Notice of Exemption; and,

2. Approve and authorize the City Manager to execute a Pre-annexation Agreement (No. 22-001) with Inland Senior Development, LLC investments, for the provision of sewer service to a 112-unit multi-family condominium project located south of Foothill Boulevard, on the west side of Banana Avenue.

COUNCIL GOALS:
· To promote economic development by aggressively pursuing annexations.

BACKGROUND:

The City’sadopted policy pertaining to annexation states that for certain new development outside of the City requiring City sewer services, a landowner may enter into a Pre-annexation Agreement with the City for the provision of sewer service. A Pre-annexation Agreement simply defers annexation to a time in the future; therefore, the use of a Pre-annexation Agreement is within the scope of the City Council’s annexation policy.

As outlined in Government Code Section 56133, state law requires cities to obtain approval from the Local Agency Formation Commission (LAFCO) prior to extending a municipal service outside their corporate limits. The City of Fontana (City) is agreeing to provide a sewer connection prior to annexation of the project site and LAFCO approval is therefore necessary. Upon City Council approval of this Pre-Annexation Agreement, a service boundary modification request will be submitted to San Bernardino LAFCO.

DISCUSSION:

The project involves a 6.7-acre site located south of Foothill Boulevard, on the west side of Banana Avenue. The site is outside of and adjacent to Fontana’sCity limits and is within the City’sWestern Sphere of Influence area. The proposed Pre-annexation agreement is for the provision of sewer service to a 112-unit, multi-family condominium development that was approved by the County of City of Fontana Printed on 9/21/2022Page 1 of 2
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83 File #: 21-1716 Agenda Date: 9/27/2022
Agenda #: L. Category: Consent Calendar
service to a 112-unit, multi-family condominium development that was approved by the County of San Bernardino on July 7, 2022.

The parcels are located in the City’sunincorporated Western Sphere of Influence area and in keeping with the City’sAnnexation Policy, a Pre-annexation Agreement is necessary to establish the agreed upon terms between the City and the landowner in order to provide sewer service. Presented below is an outline of the major terms of the agreement; a copy of the PreAnnexation Agreement is attached to this report.

1. The City’s Development Impact Fees, as required by the City/County Memorandum of Understanding (MOU), are outlined in Exhibit F of the Pre-annexation Agreement. With the exception of sewer fees and pass-through fees, all other fees are reduced by 50% as the project site is located within the “Infill” area established by City Resolution No. 2007-08.

2. At such time that the City endeavors to annex the area, the landowner consents to annex to the City; upon annexation, the parcels will have a General Plan Land Use Designation of Walkable Mixed-Use Corridors & Downtown (WMXU-1) and Form Base Code, Transitional District in accordance with the City’sGeneral Plan and Zoning District Map. During the update of the City’sGeneral Plan in 2018, the City’sunincorporated sphere of influence was pre- zoned. Therefore, upon annexation, the Transitional District zoning designation would take effect;
ENVIRONMENTAL IMPACT:

Staff has reviewed the proposed project and prepared the following environmental recommendation for the City Council’sconsideration: There will be no significant environmental impacts caused by this project, therefore, a Notice of Exemption has been prepared pursuant to Section No. 15268 (b) (4) (Ministerial Project, Utility Connection) of CEQA
FISCAL IMPACT:

This project will not have any direct negative fiscal impact.

MOTION:

Approve staff’s recommendation.

City of Fontana Printed on 9/21/2022Page 2 of 2
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84 ATTACHMENT NO. 1

VICINITY MAP
DATE: September 27, 2022
CASE: Master Case No. 22-066
Pre-Annexation (ANX) No. 22-001

N

CITY OF FONTANA PLANNING DEPARTMENT

CIT
City Limits
85 NOTICE OF EXEMPTION
ATTACHMENT NO. 2
TO: Clerk of the Board of Supervisors
County of San Bernardino
385 N. Arrowhead Avenue, 2nd Floor
San Bernardino, CA 92415-0130
FROM: City of Fontana
Planning Division
8353 Sierra Avenue
Fontana, CA 92335

1. Project Title: Pre-annexation Agreement (No. 22-001) between the City of Fontana and landowner, for the provision of sewer service to a 112-unit, multi-family condominium project.

2. Project Location - Specific: The project site is a rectangularly -shaped property consisting of two parcels (Tentative Tract Map No. 20016) of approximately 6.69 adjusted gross acres and is located south of Foothill Boulevard, on the west side of Banana Avenue.

3. (a) Project Location - City: Fontana, CA 92335
(b) Project Location - County: San Bernardino

4. Description of nature , purpose, and beneficiaries of Project: The purpose of the Pre - annexation Agreement is to provide sewer service to a 112-unit, multi-family condominium development that is outside of Fontana’s corporate limits a nd inside of Fontana’s unincorporated sphere of influence.

5. Name of Public Agency approving project: City of Fontana

6. Name of Person or Agency carrying out project: City of Fontana

7. Exempt status: (Check one)
(a) __ X_ Ministerial project.
(b) _____ Not a project.
(c) _____ Emergency Project.
(d) _____ Categorical Exemption. State type and class number: Exempt under Section No. 15301, Class No. 1, (Existing Facilities) of the California Environmental Quality Act.
(e) _____ Declared Emergency.
(f) _____ Statutory Exemption. State Code section number: ________________ (g) _____ Other. Explanation: _________________________________________

8. Reason why project was exempt: The project is for a utility connection, which is considered a ministerial project pursu ant to Section No. 15268 (b)(4) of the California Environmental Quality Act (CEQA).

9. Contact Person: Salvador Quintanilla, Senior Planner Telephone: (909) 350-6656

Date Received for Filing: __________________________________ DiTanyon Johnson
Principal Planner
(Clerk Stamp Here)
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Fontana
8353 Siena Avenue
Fontana, California 92335
Attn: City Manager
Exempt from Recording fee
pursuant to Gov’t Code§ 27383
(Space above for Recorder’s use)

PREANNEXATION AGREEMENT

between

CITY OF FONTANA
a California municipal corporation
and

INLAND SENIOR DEVELOPMENT, LLC

[Dated as of ___________________ for reference purposes only]

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18021944.1 a09/07/22

PRE-ANNEXATION AGREEMENT
This Preannexation Agreement (“Agreement”) is entered into as of this ______________________, between the City of Fontana, a California municipal corporation (“City”) and INLAND SENIOR DEVELOPMENT, LLC (“Landowner”), a California Limited Liability Company LLC, with the principal plac e of business located at 1 Venture, Suite 130, Irvine, CA 92618. City and Landowner are sometimes individually referred to herein and “Party” and collectively as the “Parties.”
WHEREAS, Landowner has fee title to a roughly 6.69-acre piece of property, in unincorporated San Bernardino County, commonly known as APN 0230-031-20 and APN 0230- 031-21 (the “Property”), more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference. An Assessor Parcel Map is att ached hereto as Exhibit “B” and incorporated by this reference.

WHEREAS, the City is contemplating annexation of certain territory, including Landowner’s Property which is also located within the “Western Sphere of Influence”, as defined in and subject to the Memorandum of Understanding (“MOU”) between the City and County of San Bernardino approved on August 26, 2008, and as it may be amended from time to time, as well as the City’s annexation policy as amended from time to time. A current copy of the MOU is attached hereto as Exhibit “C” and incorporated herein by reference. A current copy of the City’s annexation policy is attached hereto as Exhibit “D’’ and incorporated herein by reference.

WHEREAS, the City has general planned and pre-zoned the Western Sphere of Influence and, upon annexation, the Property will be zoned Form Based Code, Transitional District in accordance with the City’s Zoning District Map.
in accordance with the City’s Zoning District Map.

WHEREAS, Landowner desires to build [112-unit multi -family condominium development] (“Project”) in compliance with County of San Bernardino Tentative Tract Map No. 20016 (TTM No. 20016) and has requested that the City enter into this Agreement and City desires to provide sewer service to the Project. City has further determined that it is in the best interest of the citizens of the City and the Landowner to encourage the development of this Project.

WHEREAS, Government Code § 56133 allows a public agency, like the City , to extend services by contract, including the provision of sewer services, beyond its jurisdictional reach, provided the San Bernadino County Local Agency Formation Commission (“LAFCO”) approves such a request; and
WHEREAS, the Parties have therefore agreed that it i s in their respective interests to request LAFCO approval for the City to provide sewer services to the Property pursuant Government Code § 56133 until such time as the City annexes the Property into the City.

NOW THEREFORE, the Parties agree as follows:

1. EFFECTIVE DATE.
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Effective Date . This Agreement will not become effective until the date (“Effective Date”) on which it has been executed by Landowner and has been approved by the City Counci1, which date is ever later. City shall deliver a fully executed counterpart original of this Agreement to Landowner within ten (10) days from City’s execution of this Agreement.

2. TERMS.

In order to facilitate the annexation of the Property, and the development of this Project the City and Landowner agree to the following:

City’s Obligation.
(a) Annexation. Subject to Section 2.1(c) noted below, upon completion of the annexation of the Property, the Property shall be subject to the same benefits and obligations as other properties zoned Commercial and Residential by the City. (b) No Representation or Warranty Regarding Annexation. Nothing herein shall be deemed as a representation or warranty by City that the annexation of the Property will be completed.
(c) Zoning. The Parties acknowledge that the City has pre-zoned the Property, and upon annexation, the Property will be zoned Form Based Code, Transitional District .

Notwithstanding the foregoing, or anything to the contrary contained herein, this Agreement shall not limit the right of Landowner to continue any existing legal use upon the Prope rty that is con­ ducted prior to annexation, but is considered a legal nonconforming use following annexation and/or due to future changes to the City ’s General Plan or zoning ordinances. The City acknowledges that development of the Property in compliance with TTM No. 20016 and the County Conditions of Approval will be a conforming use under the City’s Form Based Code, Transitional District zoning designation.
(d) Development Standards. The Tentative Tract Map (TTM No. 20016) will comply with the County ’s Conditions of Approval (see Exhibit “E” for current Conditions of Approval).
(e) Out Of Agency Service Contract. Within thirty (30) days from City’s execution of this Agreement, the City will submit the out-of-agency service agreement application for sewer services and sewer connections to the Project.

Landowner’s Obligations.
(a) Development Impact Fees. Landowner shall pay al1 fees and charges and make all deposits adopted by and in effect by the then applicable City ordinance or resolution, including those fees identified in the MOU as it may be amended from time to time. The amount of the development i mpact fees to be paid to the City by the developer in connection with the proposed development shall be paid to the City at the time of sewer connection permit issuance for the proposed development. Those fees shall include, but not be limited to, the following:

Fire Facilities (see Exhibit F)
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Park Development (residential only) (see Exhibit F)
Storm Drainage Facilities (see Exhibit F)
Sewer Facilities (see Subsections (b) & (c) noted below) (b) City Provision of Sewer Service. The City agrees to provide sewer service and a sewer connection to said Project, provided that (1) such Landowner complies with the City’s annexation policy, as it may be amended from time to time (a current copy of which is attached as Exhibit “D”), (2) the Landowner meets all other City requirements and pays all fees imposed by the City pursuant to the Municipal Code and other policies and regulations, as they may be amended from time-to-time, in connection with such sewer service; and (3) the Landowner p ays to the City those development impact fees which would be applicable to the Project if it were to occur within city limits as required under the City’s current fee schedule and the MOU at the time a sewer connection permit is issued and in the amounts a s may be established from time -to-time by the City, provided, however, that the City shall not require the payment of any impact fee which is imposed by the County on the Project to fund the same infrastructure as being funded by the City impact fee.
(c) Sewer Connection Charges/LAFCO Fee . Landowner shall pay all fees and charges and make all deposits required by City to connect to and use the sewer. Landowner also agrees to pay any additional fees that may be charged by the Local Agency Formation Commission (LAFCO). Those fees shall include, but not be limited to, the following:

Sewer Deposit (see Exhibit F)
Sewer Connection Permit Fee (see Exhibit F)
City Sewer Master Connection Fee (see Exhibit F)
Sanitary Sewage Facilities Expansion Fee (see Exhibit F) LAFCO Fee (see Exhibit F)
Landowner agrees to be bound by all City ordinances, rules and regulations respecting the sewer system.

Event of Default . For purposes of this Section 2.3, an “Event of Default ” shall mean the occurrence of any of the following during the term hereof:
(a) Landowner materially breaches any of the obligations of this Agreement; (b) Subject to Section 2.1(c) noted above, if after the issuance of the first building permit, Landowner suspends or ceases construction activities for a period in excess of thirty (30) days;
(c) Landowner makes a material misrepresentation of any fact or item in any document executed by the City with respect to this Agreement; 90 2545/035458-0010
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(d) Upon the attachment. levy, execution or oth er judicial seizure of any substantial portion of the assets of Landowner, that is not released, expunged, bonded, discharged, or dismissed within thirty (30) days after the attachment, levy, execution or seizure; and (e) Landowner becomes insolvent or unable to pay Landowners ’ debts generally as they mature, makes a general assignment for the benefit of creditors, admits in writing Landowners’ inability to pay Landowners’ debts generally as they mature, file or have filed against it a petition in bankruptcy or a petition or answer seeking a reorganization, arrangement with creditors or other similar relief under the Federal bankruptcy laws or under any other applicable law of the United States of America or any state thereof, or consents to the appointment of a trustee or receiver for it or for a substantial part of Landowner’s Property.

Irrevocable Consent to Annexation . In exchange for the City ’s commitments hereunder to make the sewer connection available to Landowner, Landowner hereb y consents to the annexa tion of the Property to the City. Provided that City has fully complied with its obligations under this Agreement, Landowner agrees to covenant for itself, its agents, employees, contractors, heirs, successors and assigns (including on behalf of any future owner of a portion of the Property) (“Successors”) not any way object to, protest, delay, frustrate or otherwise impede any annexation proceedings concerning the annexation of the Property to the City. Provided that City has fully complied with its obligations under this Agreement, Landowner and its Successors shall cooperate in every reasonable way with the requests of the City, the San Bernardino Local Agency Formation Commission (“LAFCO”), or any other public agency in any proceedings to annex the Property to the City. The Landowner’s and its Successor ’s cooperation shall include, but not be limited to, the filing of all necessary applications, petitions, plans, drawings, and any other documentation or information required by the City, LAFCO, or any o ther public agency at no cost or expense to Landowner or its Successor.

Duration of Agreement. This Agreement shall remain in effect until such time as the property is annexed into the City, or upon expiration of the County ’s land use approvals, including any extensions, or whatever occurs first.

Property Maintenance . Landowner agrees to maintain the Property in good condition and in compliance with reasonable residential standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt and debris.

Amendments/Time Extensions. City and Landowner may amend this Agreement by written amendment mutually executed by both parties. Such amendments shall not invalidate this Agreement or relieve or release any Party from its obligations under this Agreement unless expressly stated so by such amendment.

3. GENERAL PROVISIONS.
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General Compliance. Landowner agrees to comply with all appli cable, federal, state and local laws and regulations, including but not limited to the City ’s Building, Planning , Fire and Code Enforcement Departments.

Waiver of Liability . Accordingly, Landowner shall waive the City from all liability resulting from any damage to prope rty or unfinished or poor quality work caused by a contractor.

Hold Harmless. Landowner shall hold harmless, defend and indemnify City, and its respective elected officials, directors, officials, officers, attorneys, employees, agents, representatives and volunteers from and against any and all actual or alleged claims, actions, suits, charges, demands, judgments, and expenses (including reasonable attorneys ’ fees, expert witness fees and court costs) whatsoever that arise out of Landowner ’s or any of its contractor ’s performance or non -performance of this Agreement. Landowner shall defend, at Landowner ’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought against City and its respective elected officials, directors, officials, officers, attorneys, employees, agents, representatives and volunteers.

Suspension or Termination . City may suspend or terminate this Agreement, in whole or in part, if Landowner materially fails to comply with any term of this Agreement or with any of the rules, regulations or provisions referred to herein; and the City may declare Landowner ineligible for any further participation in City contracts, in addition to other remedies as provided by law.

Attorneys’ Fees. In the event of the bringing of an action or suit by a Party against another Party by reason of any breach of any of the covenants contained in this Agreement or any other dispute between the Parties concerning this Agreement, then, in that event, the prevailing Party in such action or dispute, whether by final judgment or out of court settlement shall be entitled to have and recover of and from the other Party all costs and expenses of suit or claim, including actual attorneys’ fees. Any judgment or order entered in any final judgment shall contain a specific provision providing for the recovery of all costs and expenses of suit or claim, including actual attorneys’ fees (collectively, the “Costs”) incurred in enforcing, perfecting and executing such judgment. For the purposes of this Section, Costs shall include, without limitation, attorneys’ and experts ’ fees, costs and expenses incurred in the following: (i) post judgment motions, (ii) contempt p roceedings, (iii) garnishment, levy, and debtor and third party examination; (iv) discovery; and (v) bankruptcy litigation. This Section shall survive any expiration or termination of this Agreement.

Interpretation. City and Landowner acknowledge that th is Agreement is the product of mutual arms -length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document sh all be construed against the drafter of that document shall have no applicatio n to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any 92 2545/035458-0010
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extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties.

Counterpart Originals; Integration; Modification . This Agreement may be executed in by the Parties in counterparts, all of which together shall constitute a single Agreement.

This Agreement constitutes the entire understanding of the Parties with respect to the matters set forth in this Agreement and supersedes any and all writings and oral discussions concerning the same. The performances of City’s and Landowner’s respective obligations under this Agreement are not intended to benefit any party other than the City or Landowner, except as expressly provided otherwise herein. The foregoing notwithstanding, the City is declared to be an intended third party beneficiary of the Landowner’s obligations hereunder, No Waiver. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.

Venue; Jurisdiction; Governing Law. Any legal action or proceeding concerning this Agreement shall be filed an d prosecuted in the appropriate court in the County of San Bernardino, California. Each Party hereto irrevocably consents to the personal jurisdiction of the court. This Agreement shall be governed by the laws of the State of California, without regard to conflict of laws principles.

Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Authority to Enter Agreement; Subcontracting; Recordation . Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. The Parties agree that this Agreement may be recorded with the San Bernardino County Recorder’s Office.

Non Assignability. Landowner may not assign any of their rights or obligations under this Agreement without the express written consent of the City, which may not be unreasonably withheld or delayed. Notwithstanding the foregoing, Landowner may assign this Agreement, upon written notice to City , to any entity in whic h Landowner owns a majority and controlling interest . No unpermitted successor or assign of Landowner ’s rights under this Agreement shall be deemed to possess or be entitled to exercise any such right; provided, however, that the obligations of this Agree ment shall nonetheless be binding upo n such unpermitted successor or assign.

Force Majeure. Landowner shall be excused for the period of any delay in the performance of its obligations hereunder, when prevented from so doing by any cause beyond its control including, but not limited to, construction, labor unrest, litigation, unavailability of material, weather, war, acts of God, and refusal or failure of governmental authorities to grant 93 2545/035458-0010
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necessary approvals and permits for construction of the Improvements in the manner contemplated herein (“Force Majeure”).

Notices. All notices required or allowed by this Agreement shall be in writing and addressed as set forth below. Notices shall be deemed received upon (i) actual receipt by the intended recipient if the method of delivery is personal service, messenger service or facsimile transmission, (ii) actual receipt by the intended recipient if the method of delivery is overnight delivery service such as Federal Express or the like, or (iii) three business days after deposit in the United States mail, postage prepaid, return receipt requested. Notices shall be addressed as follows:

If to City: City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Telephone: (909) 350-7654
Facsimile: (909) 350-6613
Attn: City Manager
With a copy to: Best Best & Krieger LLP
3500 Porsche Way, Suite 200
Telephone: (909) 989-8584
Facsimile: (909) 944-1441
Attn:

If to Landowner: Inland Senior Development, LLC
1 Venture, Suite 130
Irvine, CA 92618
Telephone: (949) 339-5337
Attn: Mohammad Monshizadeh

With a copy to: Inland Senior Development, LLC
1 Venture, Suite 130
Irvine, CA 92618
Telephone: (949) 339-5337
Attn: Mohammad Monshizadeh

Any party’s address for notices may be changed by written notice as provided above. [Signatures on following pages]
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SIGNATURE PAGE
TO

PREANNEXATION AGREEMENT

CITY:

BEST BEST & KRIEGER LLP

CITY OF FONTANA
a California municipal corporation
Dated: By:

Matthew C. Ballantyne
City Manager

ATTEST:

Germaine McClellan, City Clerk

APPROVED AS TO LEGAL FORM:

BEST BEST & KRIEGER LLP

By:

City Attorney

LANDOWNER:

Inland Senior Development, LLC
Dated: By:

Mohammad Monshizadeh

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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of SAN BERNARDINO )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of SAN BERNARDINO )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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“EXHIBIT A”
TO

PREANNEXATION AGREEMENT

LEGAL DESCRIPTION OF PROPERTY
ASSESSOR PARCEL NOS. 0230-031-20 and 0230-031-21

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“EXHIBIT B”
TO

PREANNEXATION AGREEMENT

ASSESSOR’S PARCEL MAP

Subject Site
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“EXHIBIT C”
TO

PREANNEXATION AGREEMENT

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FONTANA AND

COUNTY OF SAN BERNARDINO
(WESTERN SPHERE OF INFLUENCE)

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“EXHIBIT D”
TO

PREANNEXATION AGREEMENT

CITY’S ANNEXATION POLICY

[Attached Behind This Page]

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RESOLUTION NO. 2008- 142

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF FONTANA AMENDING THE CITY OF FONTANA'S
POLICY PERTAINING TO ANNEXATION.

WHEREAS, the City Council of the City of Fontana (" City") has approved a policy pertaining to annexation as noted in Chapter 3 (Land Use Element) of the General Plan; WHEREAS, the City has determined that in order to promote the City Council's economic and General Plan goals and objectives, amending the City's policy on annexation is an important benefit for the City's economic development; NOW THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of Fontana as follows:

Section 1. Annexations shall be pursued that promote Community balance, quality development, and improvement of the City's economic base as follows:

Annexations may be initiated by the City Council ( adopted resolution) or by property owners or registered voters ( written petition); A Plan for Services shall be prepared for all annexations and submitted to the City Council for review and consideration;
A fiscal impact analysis shall be conducted for all annexation areas; All City and Local Agency Formation Commission ( LAFCO) filing fees for annexation must be paid by the applicant.

Section 2. Irrevocable Agreements to Annex for Sewer Service- Existing Development ( Contiguous and Non- ContiguousAreas)
An Irrevocable Agreement to Annex is an agreement between the landowner and the City for only sewer service. This agreement outlines that the City shall provide sewer service outside its corporate limits and the landowner agrees not to oppose a future attempt by the City to annex the area. Upon approval by LAFCO, the agreement shall be recorded with the County Recorder's office. Upon recordation, the agreement shall be considered a covenant on the land.

Irrevocable Agreements to Annex may be utilized when sewer service is extended outside the City's corporate limits to an existing residence or an existing commercial or industrial establishment that is experiencing a failing septic system.

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CITY OF FONTANA/ COUNTY OF SAN BERNARDINO

MEMORANDUM OF UNDERSTANDING
Western Sphere of influence)
This Memorandum of Understanding (Western Sphere of Influence) ("Agreement") is entered into between ( l) the City of Fontana, a California general law city and municipal corporation ("City") and, (2) the County of San Bernardino, a political subdivision of the State of California (" County"). This Agreement is reference dated as of August 26, 2008. This Agreement will not become effective until the occurrence of the " Effective Date" defined below. If the Effective Date does not occur on or before December 31, 2008, then this Agreement may not thereafter become effective and any prior approvals and/or signatures of the Parties shall be deemed, automatically and without need of further act or instrument by either Parry, rescinded and void ab initio. The City and the County are sometimes referred to in this Agreement, individually, as a " Party" and, collectively, as the " Parties".

This Agreement will become effective on the date (" Effective Date") on which it has been approved by both the City Council on behalf of the City and the Board of Supervisors on behalf of the County and fully executed counterpart originals have been exchanged between the Parties. The term (" Term"} of this Agreement shall commence on the Effective Date and shall automatically end upon the City's annexation of the entire Western Sphere (as defined in Recital A, below), or either Party's election to terminate this Agreement, which election may be made at any time and for any reason ( or for no reason), notice of which shall be given as provided by Section 6.

RECITALS
A. Immediately adjacent to the westerly border of the City is an unincorporated area of land located within the County and designated by the San Bernardino County Local Agency Formation Commission (" LAFCO") as the City's Western Sphere of Influence (" Western Sphere"). The Western Sphere is approximately

8.5 square miles in size. A map depicting the boundaries of the Western Sphere is attached as Exhibit " A".

B. The San Bernardino County Redevelopment Agency has previously adopted a redevelopment plan ("Plan") for a redevelopment project area known as the " Speedway Redevelopment Area" (" Project Area"). The boundaries of the Project Area are located entirely within the Western Sphereand are also identified on the attached Exhibit " A".

C. The City provides sanitary sewer services within portions of the Western Sphere. The City owns and maintains the pipes and other transmission infrastructure needed to provide such service, whereas the Inland Empire Utilities Agency (" IEUA") provides wastewater treatment services within portions of the Western Sphere through a series of agreements with the City. The City's current annexation policy is to require any landowner or developer within the Western Sphere who desires to connect to the City's sanitary sewer system to either sign an irrevocable agreement to annex to the City or to complete apre- annexationagreement. By this Agreement, the City and County have agreed on certain practices and procedures that they intend will facilitate economic development within the Western Sphere.
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D. The City and the County acknowledge that the Western Sphere, or some portion of it; may be annexed into the City at some future date. The County further acknowledgesthat the City's intent in entering into this Agreement includes ensuring that development within the Western Sphere which occurs prior to such annexation be accomplished in a manner that as closely as possible reflects the City's practices and requirements as established in the Cit}~'s Development Code as it exists from time to time throughout the Term of this Agreement.

E. The Parties recognize that development within the Western Sphere will be enhanced and facilitated by the investment of public funds into the public infrastructure needed to support such development. The chief sources of public funds for such public infrastructure are those fees and charges imposed and collected from developers within the Western Sphere as a condition to the obtaining of building permits and other entitlements for such development.

County has a limited program for the collection of such fees. The City, in connection with the pre- annexationagreements described in Recital " C" above, requires developers within the Western Sphereto pay to the City certain of those development impact fees that would otherwise be assessed against such development if it were located within the City's jurisdictional boundaries. As to the Western Sphere, these development impact fees will consist solely of sewer connection and expansion fees, a storm drainage facilities fee, a fire facilities fee, and a park development fee ( for residential properties only) ( collectively, the " Western Sphere Development Impact Fees" or " Western SphereDIF"). The Western Sphere DIF shall be charged at the same rates which City charges for similar development projects within the City's incorporated boundaries, as such rates may be amended from time to time. To facilitate the economic development and revitalization of the Western Sphere, the City and the County have agreed that the Western SphereD1F and the corresponding impact fees collected by the County from projects being developed within tl~e Western Sphere shall be invested into public infrastructure projects located within the Western Sphere as more particularly described in this Agreement.

F. The Parties further recognize that development within the Western Sphere will be enhanced and facilitated by the reinvestment of sales tax revenues generated within the Western Sphere as more particularly described in Section 5 of this Agreement.

AGREEMENT
Section I. lncorporation of Recitals. The Parties each acknowledge the accuracy of the factual matters set forth in the Recitals and further acknowledge that such facts form the material basis for their entry into this Agreement.

Section 2. County's Oblieation to Consult re Development Entitlements and Development Code and Development Standard Changes. The City has reviewed the County's current Development Code and other regulations concerning development within the Western Sphere (collectively, the " County Standards"). Although not identical to City standards, the City is nonetheless satisfied that development which takes place in accordance with the County Standards will be of sufficient ' quality and character so as to be compatible with the development in the adjoining portion of . the City. Accordingly, and in order to foster the continued development of the Western Sphere consistent with the above objective, the County agrees as follows:

2.1 The County shall submit to the City full and complete copies of any and all development or other entitlement permits or applications for development entitlements occurring within the Western Sphere. Such 08/ 26/08 - 2-
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information shall be provided to the City no less than thirty (30) days prior to the administrative or County Planning Commission hearing at which the development application or other entitlement is to be considered. The City shall promptly review the application and, within twenty ( 20) days following its receipt from the County, the City will provide written comments to the County for its consideration. The County agrees to reasonably consider the City's comments and, to the extent not in conflict with the County Standards, to incorporate such City- recommendedchanges as either modifications to or conditions of approval of such entitlement.

2.2 The County shall provide to the City no less than thirty (30) days prior notice of any proposed changes to any of the County Standards, including General Plan amendments and Zoning and Development Code amendments. The County shall review and reasonably respond to any suggested changes and County staff shall incorporate such City- recommended changes for consideration by the County Planning Commission or Board of Supervisors, as applicable.

2.3 The requirements of the foregoing Sections 2.1 and 2.2 shall not operate to modify, waive or abridge any County obligation arising under the California Environmental Quality Act ( Public Resources Code Sections 2l 000, e ! s e g .) (" CEQA") to provide the City with environmental notice and opportunity to comment as prescribed by CEQA.

2.4 The County shall review and consider a proposed change to the County Standards to make the County Standards consistent with the City's Automatic Fire Sprinkler Systems standards as set forth in City Code Sections 1 1- 26 thru 11- 31.

Section 3. City Provision of Sewer Service. To the extent the City/ IEUA has available wastewater ( sewer) treatment capacity, the City agrees to provide sewer service to and authorize a sewer connection by any landowner requesting such connection and service within the Western Sphereprovided that: (])such landowner complies with the City's annexation polic}~, as it may be amended from time to time ( a current copy of which is attached as Exhibit B"); ( 2) the landowner meets all other City requirements and pays the applicable sewer service fees which are imposed by the City pursuant to the City's Municipal Code and other policies and regulations, as they may be amended from time- to-time, in connection with such sewer service; and ( 3) the landowner pays to the City the Western SphereDIF which would be applicable to the development if it were to occur in the City at the time a sewer connection permit is issued.

Provided, however, that the City shall not require tl~e payment of any development impact fee which is imposed by the County to fund the same infrastructure as being funded by the City impact fee. City agrees that this Agreement will accomplish, in major part, what annexation would provide for the Western Sphere. Therefore, notwithstanding the requirement for a landowner to comply with the City's annexation policy, the City agrees it will not file a formal application with the Local Agency Formation Commission seeking to annex any part of Speedway Redevelopment Area as long as this Agreement is in effect, unless the annexation application is otherwise agreed upon by the City and the County. osizbioa - 3-
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Section 4. Use of Development Impact Fees Within Western Sphere. Each ear as part of their preparation and approval of their respective Capital Improvement Plans described by Government Code Section 66002, the City and the County shall each use reasonable good faith efforts to include capital improvement/public infrastructure projects within the Western Sphere which will be funded by the Western Sphere DIF ( as to the City) and those development impact fees received by the County from development occurring within the Western Sphere. Without limiting the legislative discretion granted to either the City Council or the Board of Supervisors, the Parties agree that, to the extent possible, the following projects shall be given priority in the allocation of Western Sphere DIF and those development impact fees received by the County from development occurring within the Western Sphere:

4.l Sewer Facilities

4.2 Storm Drainage Facilities

4.3 Park Development: a central park

4.4 Fire Facilities
The above list is intended by the Parties to be precatory only and shall not be a binding commitment to fund. The County's Second District Supervisor and City's Mayor are authorized to meet and attempt to resolve any disputes regarding the priority of projects to be funded and/or add new projects, subject to the consent and ratification of the City Council and Board of Supervisors.

Actual funding of such projects shall require separate agreements for each specific project, as approved by both the City Council and Board of Supervisors.

Section 5. Sales Tax Allocations. It is the desire of the Parties that a yearly General Fund commitment equal to approximately thirty-seven percent ( 37%) of the sales tax revenue received by the Parties and attributable to the application of the Bradley -Burns Uniform Sales and Use Tax Law ( Revenue and Taxation Code Section 7200, et seg) upon taxable sales and ] ease transactions occurring within the Western Sphere (the " Western Sphere Sales Tax Revenues") shall be returned to that same area through funding of public improvement projects as approved by both Parties or projects described in Section 4, above, even if, over time, portions of the Western Sphere are incorporated within the City. The County shall provide the City with a Statement of Account upon request of the City. The Statement of Account shall include the following: Western Sphere Sales Tax Revenue received by the County to date for the current Fiscal Year; Western Sphere Sales Tax Revenue applied to public improvement projects under Section 4 above from the date of this Agreement. If the City annexes some or all of the Western Sphere, the City shall provide the same information as to Western Sphere Sales Tax Revenues received by the City to the County upon request. It is the intent of the Parties that the sales tax revenue allocations are to be above and beyond the Parties' current expenditures in the Vdestern Sphere.

Notwithstanding anything to the contrary in this Agreement, any such Western Sphere Sales Tax Revenues received by the County and/or City, as applicable, shall remain the sole property of the County or City, as applicable, unless and until they have been contractually committed by the owning Party in a separate agreement for a specific project. Notwithstanding anything in this Section 5 or elsewhere in this Agreement to the contrary, the Parties agree that neither Party is making a pledge of Western Sphere Sales Tax Revenues or of their respective General Funds. Both Parties acknowledge that all Western Sphere Sales Tax Revenues must by law be deposited into the receiving Party's Genera] Fund and is subject to appropriation and expenditure only in accordance with law. Nothing in this Agreement is a representation or agreement by either Party to fund a particular project or to make a particular expenditure, which osi26ios - 4-
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EXHIBIT B
TO

MEMORANDUM OF UNDERSTANDING

ANNEXATION POLICY
See following pages.)
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RESOLUTION NO. 2006-95

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF FONTANA AMENDING THE CITY OF FONTANA'S
POLICY PERTAINING TO ANNEXATION.

WHEREAS, the City Council of the City of Fontana (" City") has approved a policy pertaining to annexation as noted in Chapter 3 (Land Use Element) of the General Plan; WHEREAS, the City has determined that in order to promote the City Council's economic and General Plan goals and objectives, amending the City's policy on annexation is an important benefit for the City's economic development; NOW THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of Fontana as follows:

Section 1. Annexations shall be pursued that promote Community balance, quality development, and improvement o1 the City's economic base as follows:

Annexations may be initiated by the City Council ( adopted resolution) or by property owners or registered voters ( written petition); A Plan for Services shall be prepared for all annexations and submitted to the City Council for review and consideration;
A fiscal impact analysis shall be conducted for all annexation areas; All City and Local Agency Formation Commission ( LAFCO) filing fees for annexation must be paid by the applicant.

Section 2. irrevocable Agreements to Annex for Sewer Service- Existing Development ( Contiguous and Non- ContiguousAreas)
An Irrevocable Agreement to Annex is an agreement between the landowner and the City for only sewer service. This agreement outlines that the City shall . provide sewer service outside its corporate limits and the landowner agrees not to oppose a future attempt by the City to annex the area. Upon approval by LAFCO, the agreement shall be recorded with the County Recorder's office. Upon recordation, the agreement shall be considered a covenant on the land.

Irrevocable Agreements to Annex may be utilized when sewer service is extended outside the City's corporate limits to an existing residence or an existing commercial or industrial establishment that is experiencing a failing septic system.

L=
i
G:~ F;,~TY CITY CLERK, CITY i}F FOF~7'A± Vh
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Resolution No. 2006-95
Section 3. Irrevocable Agreements to Annex for Sewer Service- New Devel- opment ( Non- ContiguousAreas)
Irrevocable Agreements to Annex for sewer service may be utilized for new developments for areas that are not contiguous to the City's limits.

Section 4. Preannexation Agreements-New Development ( Contiguous and Non- ContiguousAreas)
A Preannexation Agreement may be utilized for new developments for areas that are contiguous or not contiguous to the City's limits. An applicant may wish to consider a preannexation agreement to outline land use designations, development standards, conditional use permits approved by the County of San Bernardino, donation of right-of- way easements, sewer service, and other requirements as necessary.

Annexation may be deferred by use of a Preannexation Agreement if the following conditions are met:

The proposed development is of a quality and design that is comparable to existing City standards.

The development mitigation fees would be paid by the developer as required by all developments in the City. The City would agree to set these mitigation fees aside for use in partnership with County Redevelopment for the creation of the necessary infra- structure to serve the growth needs of the area.

The proposed development would agree to enter into a Preannexation Agree- ment with the City that would include an Irrevocable Agreement to Annex to the City if and when the area is brought forward for annexation.

The County would agree to use recurring revenues generated by development in the area to support community service needs in the unincorporated area of Fontana.

Section 5. This Resolution shall take effect immediately upon its adoption.

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“EXHIBIT E”
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PREANNEXATION AGREEMENT

CONDITIONS OF APPROVAL

[Attached Behind This Page]

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Conditions of Approval

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Description:

CF - TENTATIVE TRACT MAP - PROPOSED 112 UNIT MULTI-FAMILY RESIDENTIAL

Land Use Services – Planning
Informational

1. Subdivisions - Development Impact Fees: Additional fees may be required prior to issuance of development permits. Fees shall be paid as specified in adopted fee ordinances.

2. Revisions: Any proposed change to the approved Project and/or conditions of approval shall require that an additional land use application (e.g. Revision to an Approved Action) be submitted to County Land Use Services for review and approval.

3. Subdivisions- Condition Compliance: Condition compliance confirmation for purposes of Final Map recordation will be coordinated by the County Surveyor.

4. Subdivisions - Project Approval Description (TT/TPM): Tentative Tract Map No. 20016 is a 112- multiple family condominium development on 6.7 acres and may be recorded in compliance with the conditions of approval, the approved stamped tentative map, and the required Composite Development Plan. The Project is located on the west side of Banana Avenue approximately 600 feet south of Foothill Blvd., in the Fontana area of San Bernardino County

5. Subdivisions - Indemnification: In compliance with SBCC §81.01.070, the “developer” shall agree, to defend, indemnify, and hold harmless the County or its “indemnitees” (herein collectively the County’s elected officials, appointed officials (including Planning Commissioners), Zoning A dministrator, agents, officers, employees, volunteers, advisory agencies or committees, appeal boards or legislative body) from any claim, action, or proceeding against the County or its indemnitees to attack, set aside, void, or annul an approval of the County by an indemnitee concerning a map or permit or any other action relating to or arising out of County approval, including the acts, errors or omissions of any person and for any costs or expenses incurred by the indemnitees on account of any claim, ex cept where such indemnification is prohibited by law. In the alternative, the developer may agree to relinquish such approval. Any condition of approval imposed in compliance with the County Development Code or County General Plan shall include a requirement that the County acts reasonably to promptly notify the “developer” of any claim, action, or proceeding and that the County cooperates fully in the defense. The “developer” shall reimburse the County and its indemnitees for all expenses resulting from such actions, including any court costs and attorney fees, which the County or its indemnitees may be required by a court to pay as a result of such action. The County may, at its sole discretion, participate at its own expense in the defe nse of any such action, but such participation shall not relieve the “developer” of their obligations under this condition to reimburse the County or its indemnitees for all such expenses. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The developer’s indemnification obligation applies to the indemnitees’ “passive” negligence but does not apply to the indemnitees’ “sole” or “active” negligence or “willful misconduct” within the meaning of Civil Code Section 2782.

6. Subdivisions - Project Account (TT/TPM) : The Project account number is PROJ -2020-00230. This is an actual cost project with a deposit account to which hourly charges are assessed by various county agency staff (e.g. Land Use Services, Public Works and County Counsel). Upon notice, the developer shall deposit additional funds to maintain or return the account to a positive balance. The developer is responsible for all expenses charged to this account. Processing of the project shall cease, if it is determined that the account has a negative balance and that an additional deposit has not been made in a timely manner. A minimum balance of $500.00 shall be in the project account at the time of project approval and the initiation of the Condition Compliance Review. Sufficient funds shall remain in the account to cover all estimated charges that may be made during each compliance review. All fees required for processing shall be paid in full prior to recordation.
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Conditions of Approval

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7. Subdivisions - Additional Permits: The property owner, developer and land use operator are all responsible to ascertain and comply with all laws, ordinances, regulations and any other requirements of Federal, State, County and Local agencies as are applicable to the development and operation of the approved land use and project site. These may include: FEDERAL: STATE: COUNTY: LOCAL:

8. Subdivisions - State and Federal Endangered Species Act : This approval does not relieve the property owner or project proponent of responsibility to comply with State and Federal Endangered Species Acts. If any sensitive species are identified during grading, building or land disturbing activity, all on-site activities must cease, the California Department of Fish and Wildlife (CDFW) and/or U.S. Fish and Wildlife Service (USFWS) (as applicable) must be contacted to discuss specific mitigation measures and to obtain the necessary incidental take permits. Proof of an incidental take permit from the appropriate agency, or letter stating a permit is not required, must be furnished to the Planning Division. All mitigation measures must be agreed upon and implemented prior to construction activity resuming.

On-Going

Land Use Services - Planning

9. Extension of Time: Extensions of time to the expiration date (listed above or as otherwise extended) may be granted in increments each not to exceed an additional three years beyond the current expiration date. An application to request consideration of an extension of time may be filed with the appropriate fees no less than thirty days before the expiration date. Extensions of time may be granted based on a review of the application, which includes a justification of the delay in construction and a plan of action for completion. The granting of such an extension request is a discretionary action that may be s ubject to additional or revised conditions of approval or site plan modifications. (SBCC §86.06.060)

10. Underground Utilities : No new above- ground power or communication lines shall be extended to the site.

All required utilities shall be placed underground in a manner that complies with the California Public Utilities Commission General Order 128, and avoids disturbing a ny existing/natural vegetation or the site appearance.

Prior to Recordation

Land Use Services - Building and Safety

11. Geotechnical (Soil) Report Required: A geotechnical (soil) report shall be submitted to the Building and Safety Division for review and approval prior to recordation of the final map.

12. Demolition Permit Required Before Recordation: Obtain a demolition permit for any building/s or structures to be demolished. Underground structures must be broken in, back-filled and inspected before covering.

Land Use Services - Land Development

13. Road Dedication/Improvements : The developer shall submit for review and obtain approval from the Land Use Services Department the following dedications and plans for the listed required improvements, designed by a Registered Civil Engineer (RCE), licensed in the State of California. Banana Avenue (Collector Street – 66’): •Road Dedication. A 3- foot grant of easement is required to provide a half -width right -of-way of 33 feet. •Street Improvements. Design curb and gutter with match up paving 22 feet from centerline. •Sidewalks. Design sidewalks per County Standard 109 Type “C”. •Driveway Approach. Design driveway approach per 2010 Caltrans Driveway Standard Detail A87A (W=12’ min – 26’ max) and located per San Bernardino County Standard 130.

14. Slope Easements: Slope rights shall be dedicated, where necessary. 133

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Conditions of Approval

15. Improvement Securities: Any required public road, drainage, WQMP, and/or utility improvements for subdivisions shall be bonded in accordance with County Development code unless constructed and approved prior to recordation. All necessary fees shall be provided in accordance with the latest fee schedule.

16. Road Standards and Design: All required street improvements shall comply with latest San Bernardino County Road Planning and Design Standards and the San Bernardino County Standard Plans. Road sections shall be designed to Valley Road Standards of San Bernardino County, and to the policies and requirements of the County Department of Public Works and in accordance with the General Plan, Circulation Element.

Public Works Department – Surveyor’s Office

17. Subdivision Map Act Compliance: A Tentative and Final Map is required in compliance with the Subdivision Map Act and the San Bernardino County Development Code.

18. Non-Interference Letter: Subdivider shall present evidence to the County Surveyor's Office that he has tried to obtain a non-interference letter from any utility company that may have rights of easement within the property boundaries.

19. Easements of Record: Easements of record not shown on the tentative map shall be relinquished or relocated. Lots affected by proposed easements or easement of record, which cannot be relinquished or relocated, shall be redesigned.

20. Final Map Review: Review of the Final Map by our office is based on actual cost, and requires an initial $8,000.00 deposit. Prior to recordation of the map all fees due to our office for the project shall be paid in full.

21. Title Report: A current Title Report prepared for subdivision purposes is required at the time the map is submitted to our office for review.

22. Final Monumentation: Final Monumentation, not set prior to recordation, shall be bonded for with a cash deposit to the County Surveyor’s Office as established per the current County Fee Ordinance on file with the Clerk of the Board.

END OF CONDITIONS
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Conditions of Approval
Record: PROJ-2020-00230 System Date: 05/10/2022

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Record Type: Project Application

Record Status: In Review
Primary APN:

Application Name:
0230031210000

CONCURRENT FILING -

CONDITIONAL USE PERMIT AND

TENTATIVE TRACT MAP

Description:

CF - CONDITIONAL USE PERMIT - PROPOSED 112 UNIT MULTI-FAMILY

RESIDENTIAL

Informational

Land Use Services – Planning

1. Project Approval Description (CUP/MUP) : This Conditional Use Permit is conditionally approved to proposing a Conditional Use Permit, in conjunction with a Tentative Tract Map, to construct 112 condominium units in compliance with the San Bernardino County Code (SBCC), California Building Codes (CBC), the San Bernardino County Fire Code (SBCFC), the following Conditions of Approval, the approved site plan, and all other required and approved reports and displays (e.g. elevations). The developer shall provide a copy of the approved conditions and the approved site plan to every current and future project tenant, lessee, and property owner to facilitate compliance with these Conditions of Approval and continuous use requirements for the Project.

2. Project Location: The Project site is located on the west side of Banana Avenue approximately 600 feet south of Foothill Blvd., in the Fontana area of San Bernardino County, adjacent to the Fontana City Limits.

3. Clear Sight Triangle: Adequate visibility for vehicular and pedestrian traffic shall be provided at clear sight triangles at all 90 degree angle intersections of public rights -of-way and private driveways. All signs, structures and landscaping located within any clear sight triangle shall comply with the height and location requirements specified by County Development Code (SBCC§ 83.02.030) or as otherwise required by County Traffic.

4. Continuous Effect/Revocation: All of the conditions of this project approval are continuously in effect throughout the operative life of the project for all approved structures and approved land uses/activities.

Failure of the property owner or developer to comply with any or all of the conditions at any time may result in a public hearing and possible revocation of the approved land use, provided adequate notice, time and opportunity is provided to the property owner, developer or other interested party to correct the non-complying situation.

5. Revisions: Any proposed change to the approved Project and/or conditions of approval shall requ ire that an additional land use application (e.g. Revision to an Approved Action) be submitted to County Land Use Services for review and approval.
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Conditions of Approval
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County Fire - Community Safety

6. Permit Expiration: Construction permits, including Fire Condition Letters, shall automatically expire and become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or aban doned for a period of 180 days after the time the work is commenced. Suspension or abandonment shall mean that no inspection by the Department has occurred with 180 days of any previous inspection. After a construction permit or Fire Condition Letter, becomes invalid and before such previously approved work recommences, a new permit shall be first obtained and the fee to recommence work shall be one- half the fee for the new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that suc h suspension or abandonment has not exceeded one year. A request to extend the Fire Condition Letter or Permit may be made in writing PRIOR TO the expiration date justifying the reason that the Fire Condition Letter should be extended.

7. Additional Requirements : In addition to the Fire requirements stated herein, other onsite and offsite improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and profiles hav e been submitted to this office.

8. Access – 150+ feet : Roadways exceeding one hundred fifty (150) feet in length shall be approved by the Fire Department. These shall be extended to within one hundred fifty (150) feet of and shall give reasonable access to all portions of the exterior walls of the first story of any building.

9. Jurisdiction: The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein “Fire Department”. Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable status, codes, ordinances and standards of the Fire Department.

10. Private Road Maintenance : The applicant shall construct and maintain all such roads. In addition, the applicant shall provide to the Fire Department a signed maintenance agreement as detailed in the General Requirement conditions for ongoing road maintenance and snow removal (where applicable).

This shall include all primary and secondary access routes that are not otherwise maintained by a public agency.

11. Sprinkler Installation Letter : The applicant shall submit a letter to the Fire Department agreeing and committing to installation of a fire protection system prior to the building inspection for drywall and insulation.

12. Access – 30% slope : Where the natural grade between the access road and building is in excess of thirty perce nt (30%), an access road shall be provided within one hundred and fifty (150) feet of all buildings. Where such access cannot be provided, a fire protection system shall be installed. Plans shall be submitted to and approved by the Fire Department.

Land Use Services - Land Development

13. Tributary Drainage: Adequate provisions should be made to intercept and conduct the tributary off site - on site drainage flows around and through the site in a manner, which will not adversely affect adjacent or downstream properties at the time the site is developed.

14. Erosion Control Installation: Erosion control devices must be installed and maintained at all perimeter openings and slopes throughout the construction of the project. No sediment is to leave the job site. 136

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Conditions of Approval

15. Additional Drainage Requirements : In addition to drainage requirements stated herein, other "on- site" and/or "off-site" improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and profil es have been submitted to this office.

16. BMP Enforcement: In the event the property owner/“developer” (including any successors or assigns) fails to accomplish the necessary BMP maintenance within five (5) days of being given written notice by County Public Works, then the County shall cause any required maintenance to be done. The entire cost and expense of the required maintenance shall be charged to the property owner and/or “developer”, including administrative costs, attorney’s fees and interest thereon at the rate authorized by the County Code from the date of the original notice to the date the expense is paid in full.

17. Continuous BMP Maintenance: The property owner/“developer” is required to provide periodic and continuous maintenance of all Best Management Practices (BMP) devices/facilities listed in the County approved Water Quality Management Plan (WQMP) for the project. Refer to approved WQMP maintenance section.

On-going

Land Use Services - Planning

18. Construction Hours: Construction will be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday in accordance with the County of San Bernardino Development Code standards. No construction activities are permitted outside of these hours or on Sundays and Federal holidays.

19. Cultural Resources : During grading or excavation operations, should any potential paleontological or archaeological artifacts be unearthed or otherwise discovered, the San Bernardino County Museum shall be notified and the uncovered items s hall be preserved and curated, as required. For information, contact the County Museum, Community and Cultural Section, telephone (909) 798-8570.

20. Extension of Time: Extensions of time to the expiration date (listed above or as otherwise extended) may be granted in increments each not to exceed an additional three years beyond the current expiration date.

An application to request consideration of an extension of time may be filed with the appropriate fees no less than thirty days before the expiration date. Extensions of time may be granted based on a review of the application, which includes a justification of the delay in construction and a plan of action for completion. The granting of such an extension request is a discretionary action that may be subject to additional or revised conditions of approval or site plan modifications. (SBCC §86.06.060)

21. Lighting : Lighting shall comply with Table 83- 7 “Shielding Requirements for Outdoor Lighting in the Mountain Region and Desert Region” of the County’s Development Code (i.e. “Dark Sky” requirements).

All lighting shall be limited to that necessary for maintenance activities and security purposes. This is to allow minimum obstruction of night sky remote area views. No light shall project onto adjacent roadways in a manner that interferes with on- coming traffic. All signs proposed by this project shall only be lit by steady, stationary, shielded light directed at the sign, by light inside the sign, by direct stationary neon lighting or in the case of an approved electronic message center sign, an alternating message no more than once every five seconds.

22. Underground Utilities : No new above- ground power or communication lines shall be extended to the site.

All required utilities shall be placed underground in a ma nner that complies with the California Public Utilities Commission General Order 128, and avoids disturbing a ny existing/natural vegetation or the site appearance.

23. Back Out Into Public Roadways: Project vehicles shall not back out into the public roadway. 137
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24. On-going Condition: TCR- 1: The San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed in CR -1, of any pre- contact and/or historic -era cultural resources discovered during project implementation, and be provided information r egarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the project, should SMBMI elect to place a monitor on-site.

25. On-going Condition: TCR-2: Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI throughout the life of the project.

26. Additional Permits : The developer shall ascertain compliance with all laws, ordinances, regulations and any other requirements of Federal, State, County and Local agencies that may apply for the development and operation of the approved land use. These may include but are not limited to: a. FEDERAL: b. STATE:
c. COUNTY: d. LOCAL:

27. GHG - Operational Standards : The developer shall implement the following as greenhouse gas (GHG) mitigation during the operation of the approved project: a. Waste Stream Reduction. The “developer” shall provide to all tenants and project employees County -approved informational mater ials about methods and need to reduce the solid waste stream and listing available recycling services. b. Vehicle Trip Reduction.

The “developer” shall provide to all tenants and project employees County -approved informational materials about the need to r educe vehicle trips and the program elements this project is implementing.

Such elements may include: participation in established ride- sharing programs, creating a new ride- share employee vanpool, designating preferred parking spaces for ride sharing vehi cles, designating adequate passenger loading and unloading for ride sharing vehicles with benches in waiting areas, and/or providing a web site or message board for coordinating rides. c. Provide Educational Materials. The developer shall provide to all te nants and staff education materials and other publicity about reducing waste and available recycling services. The education and publicity materials/program shall be submitted to County Planning for review and approval. d. Landscape Equipment. The developer shall require in the landscape maintenance contract and/or in onsite procedures that a minimum of 20% of the landscape maintenance equipment shall be electric-powered.

28. Construction Noise : The following measures shall be adhered to during the constructi on phase of the project: - All construction equipment shall be muffled in accordance with manufacturer’s specifications. - All construction staging shall be performed as far as possible from occupied dwellings. The location of staging areas shall be subject to review and approval by the County prior to the issuance of grading and/or building permits. - All stationary construction equipment shall be placed in a manner so that emitted noise is directed away from sensitive receptors (e.g. residences and schools) nearest the project site.

29. Project Account: The Project account number is PROJ -2020-00230. This is an actual cost project with a deposit account to which hourly charges are assessed by various county agency staff (e.g. Land Use Services, Public Works, a nd County Counsel). Upon notice, the “developer” shall deposit additional funds to maintain or return the account to a positive balance. The “developer” is responsible for all expense charged to this account. Processing of the project shall cease, if it is determined that the account has a negative balance and that an additional deposit has not been made in a timely manner. A minimum balance of $2,000.00 must be in the project account at the time the Condition Compliance Review is initiated. Sufficient funds must remain in the account to cover the charges during each compliance review.

All fees required for processing shall be paid in full prior to final inspection, occupancy and operation of the approved use.
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30. Continuous Maintenance : The Project property owner shall continually maintain the property so that it is visually attractive and not dangerous to the health, safety and general welfare of both on- site users (e.g. employees) and surrounding properties. The property owner shall ensure that all facets of the development are regularly inspected, maintained and that any defects are timely repaired. Among the elements to be maintained, include but are not limited to: a) Annual maintenance and repair: The developer shall conduct inspections for any structures, fencing/walls, driveways, and signs to assure proper structural, electrical, and mechanical safety. b) Graffiti and debris: The developer shall remove graffiti and debris immediately through weekly maintenan ce. c) Landscaping: The developer shall maintain landscaping in a continual healthy thriving manner at proper height for required screening. Drought -resistant, fire retardant vegetation shall be used where practicable. Where landscaped areas are irrigated it shall be done in a manner designed to conserve water, minimizing aerial spraying. d) Dust control: The developer shall maintain dust control measures on any undeveloped areas where landscaping has not been provided. e) Erosion control:

The developer shall maintain erosion control measures to reduce water runoff, siltation, and promote slope stability. f) External Storage: The developer shall maintain external storage, loading, recycling and trash storage areas in a neat and orderly manner, and fully screened from public view. Outside storage shall not exceed the height of the screening walls. g) Metal Storage Containers: The developer shall NOT place metal storage containers in loading areas or other areas unless specifically approved by this or subsequent land use approvals. h) Screening: The developer shall maintain screening that is visually attractive. All trash areas, loading areas, mechanical equipment (including roof top) shall be screened from public view. i) Signage: The developer shall maintain all on-site signs, including posted area signs (e.g. “No Trespassing”) in a clean readable condition at all times. The developer shall remove all graffiti and repair vandalism on a regular basis. Signs on the site shall be of the size and general location as shown on the approved site plan or subsequently a County-approved sign plan. j) Lighting: The developer shall maintain any lighting so that they operate properly for safety purposes and do not project onto adjoining properties or roadways.

Lighting shall adhere to applicable glare and night light rules. k) Parking and on- site circulation: The developer shall maintain all parking and on- site circulation requirements, including surfaces, all markings and traffic/directional signs in an un- faded condition as identified on the approved site plan. Any modification to parking and access layout requires the Planning Division review and approval. The markings and signs shall be clearly defined, un- faded and legible; these include parking spaces, disabled space and access path of travel, directional designations and signs, stop signs, pedestrian crossing, speed humps and “No Parking”, “Carpool”, and “Fire Lane” designations. l) Fire Lanes: The developer shall clearly define and maintain in good condition at all times all markings required by the Fire Department, including “No Parking" designations and “Fire Lane” designations.

31. Expiration: This project permit approval shall expire and become void if it is not “ exercised” within 36 months of the effective date of this approval, unless an extension of time is approved. The permit is deemed “exercised” when either: (a.) The permittee has commenced actual construction or alteration under a validly issued building permit, or (b.) The permittee has substantially commenced the approved land use or activity on the project site, for those portions of the project not requiring a building permit. (SBCC §86.06.060) (c.) Occupancy of approved land use, occupancy of completed structures and operation of the approved and exercised land use remains valid continuously for the life of the project and the approval runs with the land, unless one of the following occurs: - Construction permits for all or part of the project are not issued or the construction permits expire before the structure is completed and the final inspection is approved. - The land use is determined by the County to be abandoned or non- conforming. - The land use is determined by the County to be not operating in compliance with these conditions of approval, the County Code, or other applicable laws, ordinances or regulations. In these cases, the land use may be subject to a revocation hearing and possible termination. PLEASE NOTE: This will be the ONLY notice giv en of this approval’s expiration date. The developer is responsible to initiate any Extension of Time application.

Public Health– Environmental Health Services

32. Refuse Storage and Disposal: All refuse generated at the premises shall at all times be stored in approved containers and shall be placed in a manner so that environmental public health nuisances are minimized.

All refuse not containing garbage shall be removed from the premises at least 1 time per week, or as often as necessary to minimize public health nuisances. Refuse containing garbage shall be removed from the 139

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premises at least 2 times per week, or as often if necessary to minimize public health nuisances, by a permitted hauler to an approved solid waste facility in conformance with San Bernardino County Code Chapter 8, Section 33.0830 et. seq.

33. Noise Levels: Noise level shall be maintained at or below County Standards, Development Code Section

83.01.080.

Land Use Services – Land Development

34. WQMP Inspection Fee: The developer shall provide a $3,600 deposit to Land Development Division for inspection of the approved WQMP. Deposit amounts are subject to change in accordance with the latest approved fee schedule.

35. WQMP: A completed Water Quality Management Plan (WQ MP) shall be submitted for review and approval obtained. A $2,650 deposit for WQMP review will be collected upon submittal to the Land Development Division. Deposit amounts are subject to change in accordance with the latest approved fee schedule. The report shall adhere to the current requirements established by the Santa Ana/Mojave Watershed Region.

Copies of the WQMP guidance and template can be found at:
(http://cms.sbcounty.gov/dpw/Land/WQMPTemplatesandForms.aspx).

36. On-site Flows: On-site flows need to be directed to the nearest County road or drainage facilities unless a drainage acceptance letter is secured from the adjacent property owners and provided to Land Development.

37. Drainage Improvements : A Registered Civil Engineer (RCE) shall investigate and design adequate drainage improvements to intercept and conduct the off -site and on- site drainage flows around and through the site in a safety manner, which will not adversely affect adjacent or dow nstream properties. Submit drainage study for review and obtain approval. A $550 deposit for drainage study review will be collected upon submittal to the Land Development Division. Deposit amounts are subject to change in accordance with the latest approved fee schedule.

38. Road Dedication/Improvements : The developer shall submit for review and obtain approval from the Land Use Services Department the following dedications and plans for the listed required improvements, designed by a Registered Civil Engineer (RCE), licensed in the State of California. Banana Avenue (Collector Street – 66’):
• Road Dedication. A 3- foot grant of easement is required to provide a half -width right-of-way of 33 feet. •Street Improvements. Design curb and gutter with match up paving 22 feet from centerline. •Sidewalks. Design sidewalks per County Standard 109 Type “C ”. •Driveway Approach. Design driveway approach per 2010 Caltrans Driveway Standard Detail A87A (W=12’ min – 26’ max) and located per San Bernardino County Standard 130.

39. Slope Easements: Slope rights shall be dedicated, where necessary.

40. Soils Testing: An y grading within the road right -of-way prior to the signing of the improvement plans shall be accomplished under the direction of a soils testing engineer. Compaction tests of embankment construction, trench back fill, and all sub -grades shall be performed at no cost to San Bernardino County and a written report shall be submitted to the Transportation Operations Division, Permits Section of County Public Works, prior to any placement of base materials and/or paving.

41. Construction Permits : Prior to installation of road and drainage improvements, a construction permit is required from County Public Works, Transportation Operations Division, Permit Section, (909) 387- 8046, as well as other agencies prior to work within their jurisdiction. Submittal shall inclu de a materials report and pavement section design in support of the section shown on the plans. Applicant shall conduct classification counts and compute a Traffic Index (TI) Value in support of the pavement section design.

42. Maintenance Bond: Once all requ ired public road, drainage, WQMP, and/or utility improvements have been constructed and approved, a maintenance bond for a period of one year shall be required to insure satisfactory condition of all improvements. Submit necessary fees, per the latest fee schedule, for new securities. 140
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43. Road Standards and Design: All required street improvements shall comply with latest San Bernardino County Road Planning and Design Standards and the San Bernardino County Standard Plans. Road sections shall be designed to Valley Road Standards of San Bernardino County, and to the policies and requirements of the County Department of Public Works and in accordance with the General Plan, Circulation Element.

44. Street Gradients: Road profile grades shall not be less than 0.5% unless the engineer at the time of submittal of the improvement plans provides justification to the satisfaction of County Public Works confirming the adequacy of the grade.

45. Transitional Improvements : Right -of-way and improvements (including off -site) to transition traffic and drainage flows from proposed to existing, shall be required as necessary.

46. Street Type Entrance: Street type entrance(s) with curb returns shall be constructed at the entrance(s ) to the development.

47. Project Specific Conditions : Road Improvements. All required on- site and off -site improvements shall be completed by the applicant, inspected and approved by County Department of Public Works. Completion of road and drainage improvements does not imply acceptance for maintenance by the County.

48. Project Specific Conditions: Structural Section Testing. Prior to occupancy, a thorough evaluation of the structural road section, to include parkway improvements, from a qualified materials en gineer, shall be submitted to the County Department of Public Works.

Prior to Land Disturbance

Land Use Services - Building and Safety

49. Wall Plans: Submit plans and obtain separate building permits for any required retaining walls.

50. Geotechnical (Soil) Report Required Before Grading: A geotechnical (soil) report shall be submitted to the Building and Safety Division for review and approval prior to issuance of grading permits or land disturbance.

51. Demolition Permit Required Before Grading: Obtain a demolition permit for any building/s or structures to be demolished.

Underground structures must be broken in, back-filled and inspected before covering.

Land Use Services - Land Development

52. Grading Plans: Grading and Erosion control pl ans shall be submitted for review and approval obtained, prior to construction. All Drainage and WQMP improvements shall be shown on the Grading plans according to the approved Drainage study and WQMP reports. Fees for grading plans will be collected upon submittal to the Land Development Division and are determined based on the amounts of cubic yards of cut and fill. Fee amounts are subject to change in accordance with the latest approved fee schedule.

53. Regional Board Permit : Construction projects involving one or more acres must be accompanied by Regional Board permit WDID #. Construction activity includes clearing, grading, or excavation that results in the disturbance of at least one (1) acre of land total.

54. NPDES Permit: An NPDES permit - Notice of Intent (NOI) - is required on all grading of one (1) acre or more prior to issuance of a grading/construction permit. Contact your Regional Water Quality Control Board for specifics. www.swrcb.ca.gov.
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55. FEMA Flood Zone: The project is located within Flood Zone X -Shaded and X -Unshaded according to FEMA Panel Number 06071C8651H dated 8/28/2008 and FEMA Panel Number 06071C8635J dated 9/26/2016. Flood Zone X- Shaded will require the lowest floor of structure to be elevated 1 feet above highest adjacent ground in compliance with FEMA/SBC regulations. No elevation requirements for Flood Zone X -Unshaded. The requirements may change based on the most current Flood Map prior to issuance of grading permit.

56. Drainage Improvements : A Registered Civil Engineer (RCE) shall investigate and design adequate drainage improvements to intercept and conduct the off -site and on- site drainage flows around and through the site in a safety manner, which will not adversely affect adjacent or downstream properties. Submit drainage study for review and obtain approval. A $750 deposit for drainage study review will be collected upon submittal to the Land Development Division. Deposit amounts are subject to change in accordance with the latest approved fee schedule.

57. WQMP Inspection Fee: The developer shall provide a $3,600 deposit to Land Development Division for inspection of the approved WQMP. Deposit amounts are subject to change in accordance with the latest approved fee schedule.

58. WQMP: A completed Water Quality Management Plan (WQMP) shall be submitted for review and approval obtained. A $2,650 deposit for WQMP review will be collected upon submittal to the Land Development Division.

Deposit amounts are subject to change in accordance with the latest approved fee schedule. The report shall adhere to the current requirements established by the Santa Ana/Mojave Watershed Region. Copies of the WQMP guidance and template can be found at: (http://cms.sbcounty.gov/dpw/Land/WQMPTemplatesandForms.aspx)

59. San Sevaine Fee: The project site is located within the San Sevaine Drainage Fee area and is subject to a fee of $4,405 per net developed acre that is to be paid prior to issuance of any grading or building permit. (SBC Ord, No. 3358). Total net developed acreage is 2.63 acres and the fee shall be $11,585.15.

Public Works – Surveyor’s Office

60. Corner Records Required Before Grading: Pursuant to Sections 8762(b) and/or 8773 of the Business and Professions Code, a Record of Survey or Corner Record shall be filed under any of the following circumstances: a.

Monuments set to mark property lines or corners; b. Performance of a field surv ey to establish property boundary lines for the purposes of construction staking, establishing setback lines, writing legal descriptions, or for boundary establishment/mapping of the subject parcel; c. Any other applicable circumstances pursuant to the Bus iness and Professions Code that would necessitate filing of a Record of Survey.

61. Monument Disturbed by Grading : If any activity on this project will disturb ANY land survey monumentation, including but not limited to vertical control points (benchmarks), said monumentation shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer authorized to practice land surveying PRIOR to commencement of any activity with the potential to disturb said monumentation, and a corner record or record of survey of the references shall be filed with the County Surveyor pursuant to Section 8771(b) Business and Professions Code.

Land Use Services – Planning

62. Grading/Land Disturbance Condition: BIO -1: Construction activities, including vegetation removal, will be conducted outside the general bird nesting season (February 1 through August 31) to avoid impacts to nesting birds. If construction activities cannot be conducted outside the bird nesting season, a preconstruction nesting bird survey by a qualified biologist is required no more than three days prior to any construction acti vities. Should nesting birds be found on- site, an exclusionary buffer will be established by the qualified biologist. The buffer will be clearly marked in the field by construction personnel under guidance of the qualified biologist. No construction activities will be allowed within this zone until the qualified biologist determines that the young have fledged or the nest is no longer active. A copy of the biologist’s report shall be filed with the County Planning Division upon completion.
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63. Grading/Land Disturbance Condition: CUL -1: In the event that cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60- foot buffer) shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hire d to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detai led within TCR-1, regarding any pre- contact and/or historic -era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regards to significance and treatment.

64. Grading/Land Disturbance Condition: CUL -2: If significant pre- contact and/or historic -era cultural resources, as defined by CEQA (as amended, 2015), are discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR -1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly.

65. Grading/Land Disturbance Condition: CUL -3: If human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100- foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State H ealth and Safety Code §7050.5 and that code enforced for the duration of the project.

66. Air Quality: Although the Project does not exceed South Coast Air Quality Management District thresholds, the Project proponent is required to comply with all applicable rules and regulations as the South Coast Air Basin is in non- attainment status for ozone and suspended particulates [PM10 and PM2.5 (State)]. To limit dust production, the Project proponent must comply with Rules 402 nuisance and 403 fugitive dust, which require the implementation of Best Available Control Measures for each fugitive dust source. This would include, but not be limited to, the following Best Available Control Measures. Compliance with Rules 402 and 403 are mandatory requirements and thus not considered mitigation measures: a. The Project proponent shall ensure that any portion of the site to be graded shall be pre- watered prior to the onset of grading activities. 1. The Project proponent shall ensure that watering of the site or other soil st abilization method shall be employed on an on- going basis after the initiation of any grading. Portions of the site that are actively being graded shall be watered to ensure that a crust is formed on the ground surface, and shall be watered at the end of each workday. 2. The Project proponent shall ensure that all disturbed areas are treated to prevent erosion. 3. The Project proponent shall ensure that all grading activities are suspended when winds exceed 25 miles per hour. b. Exhaust emissions from vehi cles and equipment and fugitive dust generated by equipment traveling over exposed surfaces, will increase NOX and PM10 levels in the area. Although the Project will not exceed Mojave Desert Air Quality Management District thresholds during operations, the Project proponent will be required to implement the following requirements: 1. All equipment used for grading and construction must be tuned and maintained to the manufacturer’s specification to maximize efficient burning of vehicle fuel. 2. The operator shall maintain and effectively utilize and schedule on- site equipment and on- site and off -site haul trucks in order to minimize exhaust emissions from truck idling.

67. Diesel Regulations: The operator shall comply with all existing and future California Air Resources Board and South Coast Air Quality Management District regulations related to diesel -fueled trucks, which among others may include: (1) meeting more stringent emission standards; (2) retrofitting existing engines with particulate traps; (3) use of low sulfur fuel; and (4) use of alternative fuels or equipment. South Coast Air Quality Management District rules for diesel emissions from equipment and trucks are embedded in the compliance for all diesel fueled engines, trucks, and equipment with the s tatewide California Air Resources Board Diesel Reduction Plan. These measures will be implemented by the California Air Resources Board in phases with new rules imposed on existing and new diesel-fueled engines. 143
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68. GHG - Construction Standards: The developer shall submit for review and obtain approval from County Planning of a signed letter agreeing to include as a condition of all construction contracts/subcontracts requirements to reduce GHG emissions and submitting documentation of compliance. The developer/construction contractors shall do the following: a) Implement th e approved Coating Restriction Plans. b) Select construction equipment based on low GHG emissions factors and high- energy efficiency. All diesel/gasoline- powered construction equipment shall be replaced, where possible, with equivalent electric or CNG equi pment. c) Grading contractor shall provide and implement the following when possible: - training operators to use equipment more efficiently. - identifying the proper size equipment for a task can also provide fuel savings and associated reductions in GHG emissions. - replacing older, less fuel -efficient equipment with newer models. - use GPS for grading to maximize efficiency. d) Grading plans shall include the following statements: - “All construction equipment engines shall be properly tuned and maintained in accordance with the manufacturers specifications prior to arriving on site and throughout construction duration.” - “All construction equipment (including electric generators) shall be shut off by work crews when not in use and shall not idle for mor e than 5 minutes.” e) Schedule construction traffic ingress/egress to not interfere with peak-hour traffic and to minimize traffic obstructions. Queuing of trucks on and off site shall be firmly discouraged and not scheduled. A flag person shall be retained to maintain efficient traffic flow and safety adjacent to existing roadways. f) Recycle and reuse construction and demolition waste (e.g. soil, vegetation, concrete, lumber, metal, and cardboard) per County Solid Waste procedures. g) The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew and educate all construction workers about the required waste reduction and the availability of recycling services.

Public Health– Environmental Health Services

69. Vector Control Requirement: The project area has a high probability of containing vectors. A vector survey shall be conducted to determine the need for any required control programs. A vector clearance application shall be submitted to the appropriate Mosquito & Vector Control Program. For information, contact EHS Mosquito & Vector Control Program at (800) 442-2283 or West Valley Mosquito & Vector at (909) 635-0307.

Prior to Issuance

County Fire - Community Safety

70. Building Plans: Building plans shall be submitted to the Fire Department for review and approval.

71. Combustible Protection: Prior to combustibles being placed on the project site an approved all -weather fire apparatus access surface and operable fire hydrants with acceptable fire flow shall be installed. The topcoat of asphalt does not have to be installed until final inspection and occupancy.

72. Fire Fee: The required fire fees shall be paid to the San Bernardino County Fire Department/Community Safety Division.

73. Fire Flow Test : Your submittal did not include a flow test report to establish whether the public water supply is capable of meeting your project fire flow demand. You will be required to produce a current flow test report from your water purveyor demonstrating that the fire flow demand is satisfied. This requirement shall be completed prior to combination inspection by Building and Safety.
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74. Access: The development shall have a minimum of 3 points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. a. Single Story Road Access Width. All buildings shall have access provided by approved roads, alleys and private drives with a minimum twenty -six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inch es in height. Other recognized standards may be more restrictive by requiring wider access provisions. b. Multi -Story Road Access Width. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height.

75. Haz-Mat Approval: The applicant shall contact the San Bernardino County Fire Department/Hazardous Materials Division (909) 386-8401 for review and approval of building plans, where the planned use of such buildings will or may use hazardous materials or generate hazardous waste materials.

76. Hydrant : Your project meets fire flow however the fire hydrant shown in your submittal is in excess of the required spacing and/or a substandard fire hydrant. Y ou will be required to install an approved fire hydrant within 300 feet (as measured along vehicular travel- ways) from the driveway on the address side of the proposed structure. This requirement shall be completed prior to combination inspection by Building and Safety.

77. Primary Access Paved: Prior to building permits being issued to any new structure, the primary access road shall be paved or an all -weather surface and shall be installed as specified in the General Requirement conditions, including width, vertical clearance and turnouts.

78. Secondary Access Paved: Prior to building permits being issued to any new structure, the secondary access road shall be paved or an all-weather surface and shall be installed as specified in the General Requirement conditions including width, vertical clearance and turnouts.

79. Solar: Solar / Photovoltaic System Plans. Plans shall be submitted online through EZOP to the Fire Department for review and approval. Plans must be submitted and approved prior to Conditional Compliance Release of Building.

80. Surface: Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all -weather driving capabilities. Road surface shall meet the approval of the Fire Chief prior to installation. All roads shall be designed to 85% compaction and/or paving and hold the weight of Fire Apparatus at a minimum of 80K pounds.

81. Water System: Prior to any land disturbance, the water systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using California Fire Code. The Fire Flow for this project shall be: 1500 GPM for a two hour duration at 20 psi residual operating pressure. Fire Flow is based on a 7457 sq. ft. structure.

82. Water System Certification : The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the job site.

83. Water System Commercial : A water system approved and inspected by the Fire Department is required. The system shall be operational, prior to any combustibles being stored on the site. Fire hydrants shall be spaced no more than three hundred (300) feet apart (as measured along vehicular travel -ways) and no more than three hundred (300) feet from any portion of astructure.

Land Use Services - Building and Safety

84. Temporary Use Permit : A Temporary Structures (TS) permit for non- residential structures for use as office, retail, meeting, assembly, wholesale, manufacturing, and/ or storage space will be required. A Temporary Use Permit (PTUP) for the proposed structure by the Planning Division must be approved prior to the TS Permit approval. A TS permit is renewed annually and is only valid for a maximum of five (5) years. 145

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85. Construction Plans: Any building, sign, or structure to be added to, altered (including change of occupancy/use), constructed, or located on site, will require professionally prepared plans based on the most current adopted County and California Building Codes, submitted for review and approval by the Building and Safety Division.

Land Use Services - Land Development

86. Construction Permits: Prior to installation of road and drainage improvements, a construction permit is required from County Public Works, Transportation Oper ations Division, Permit Section, (909) 387- 8046, as well as other agencies prior to work within their jurisdiction. Submittal shall include a materials report and pavement section design in support of the section shown on the plans. Applicant shall conduct classification counts and compute a Traffic Index (TI) Value in support of the pavement section design.

87. Regional Transportation Fee: This project falls within the Regional Transportation Development Mitigation Fee Plan Area for the Fontana Subarea. The R egional Transportation Development Mitigation Plan Fee (Plan Fee) shall be paid by a cashier’s check to the Land Use Services Department. The Plan Fee shall be computed in accordance with the Plan Fee Schedule in effect as of the date that the building plans are submitted and the building permit is applied for. The Plan Fee is subject to change periodically. Currently, the fee is $4,671 per unit for Multi Family Use, which includes the 112 units per the site plan dated May 26, 2021. Therefore, the estimated Regional Transportation Fees for the Project is $523,152.00. The current Regional Transportation Development Mitigation Plan can be found at the following website:
http://cms.sbcounty.gov/dpw/Transportation/TransportationPlanning.aspx

Public Works – Surveyor’s Office

88. Monument Disturbed by Grading: If any activity on this project will disturb ANY land survey monumentation, including but not limited to vertical control points (benchmarks), said monumentation shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer authorized to practice land surveying PRIOR to commencement of any activity with the potential to disturb said monumentation, and a corner record or record of survey of the references shall be filed with the County Surveyor pursuant to Section 8771(b) Business and Professions Code.

89. Corner Records Required Before Grading : Pursuant to Sections 8762(b) and/or 8773 of the Business and Professions Code, a Record of Survey or Corner Record shall be filed under any of the following circumstances:
a. Monuments set to mark property lines or corners; b. Performance of a field surv ey to establish property boundary lines for the purposes of construction staking, establishing setback lines, writing legal descriptions, or for boundary establishment/mapping of the subject parcel; c. Any other applicable circumstances pursuant to the Business and Professions Code that would necessitate filing of a Record of Survey.

Land Use Services – Planning

90. Signs: All proposed on- site signs shall be shown on a separate plan, including location, scaled and dimensioned elevations of all signs with lettering type, size, and copy. Scaled and dimensioned elevations of buildings that propose signage shall also be shown. The applicant shall submit sign plans to County Planning for all existing and proposed signs on this site. The applicant shall submit for approval any additions or modifications to the previously approved signs. All signs shall comply with SBCC Chapter 83.13, Sign Regulations, SBCC §83.07.040, Glare and Outdoor Lighting Mountain and Desert Regions, and SBCC Chapter 82.19, Open Space Overlay as it relates to Scenic Highways (§82.19.040), in addition to the following minimum standards: a. All signs shall be lit only by steady, stationary shielded light; exposed neon is acceptable. b. All sign lighting shall not exceed 0.5 foot-candle. c. No sign or stationary light source shall interfere with a driver's or pedestrian's view of public right -of-way or in any ot her manner impair public safety. d. Monument signs shall not exceed four feet above ground elevation and shall be limited to one sign per street frontage. 146
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Public Health– Environmental Health Services

91. Preliminary Acoustical Information: Submit preliminary acoustical information demonstrating that the proposed project maintains noise levels at or below San Bernardino County Noise Standard(s), San Bernardino Development Code Section 83.01.080. The purpose is to evaluate potential future on -site and/or adjacent off -site noise sources. If the preliminary information cannot demonstrate compliance to noise standards, a project specific acoustical analysis shall be required. Submit information/analysis to the EHS for review and approval. For information and acoustical checklist, contact EHS at (800) 442-2283.

92. Water and Sewer - LAFCO: Water and/or Sewer Service Provider Verification. Please provide verification that the parcel(s) associated with the project is/are within the jurisdiction of the water and/or sewer service provider. If the parcel(s) associated with the project is/are not within the boundaries of the water and/or sewer service provider, submit to EHS verification of Local Agency Formation Commission (LAFCO) approval of either: 1. An nexation of parcels into the jurisdiction of the water and/or sewer service provider; or, 2. Out-of-agency service agreement for service outside a water and/or sewer service provider’s boundaries. Such agreement/contract is required to be reviewed and authorized by LAFCO pursuant to the provisions of Government Code Section 56133.

93. Sewer Service Verification Letter : Applicant shall procure a verification letter from the sewer service provider identified. This letter shall state whether or not sewer connection and service shall be made available to the project by the sewer provider. The letter shall reference the Assessor’s Parcel Number(s).

94. Sewage Disposal : Method of sewage disposal shall be sewer service provided by City of Fontana or an EHS approved onsite wastewater treatment system (OWTS) that conforms to the Local Agency Management Program (LAMP).

95. Existing Wells: If wells are found on- site, evidence shall be provided that all wells are: (1) properly destroyed, by an approved C57 contractor and under permit from the County OR (2) constructed to EHS standards, properly sealed and certified as inactive OR (3) constr ucted to EHS standards and meet the quality standards for the proposed use of the water (industrial and/or domestic). Evidence, such as a well certification, shall be submitted to EHS for approval.

96. Water Service Verification Letter : Applicant shall procur e a verification letter from the water service provider. This letter shall state whether or not water connection and service shall be made available to the project by the water provider. This letter shall reference the File Index Number and Assessor’s Parc el Number(s). For projects with current active water connections, a copy of water bill with project address may suffice.

97. Water Purveyor: Water purveyor shall be Fontana WC or EHS approved.

98. Demolition Inspection Required: All demolition of structures shall have a vector inspection prior to the issuance of any permits pertaining to demolition or destruction of any premises. For information, contact EHS Mosquito & Vector Control Program at (800) 442-2283 or West Valley Mosquito & Vector at (909) 635-0307.

Public Works – Traffic

99. Improvements: The applicant shall design their street improvement plans to include the following:
• Driveways on Banana Avenue.
 The northerly driveway shall be an emergency vehicle access only.  The southerly driveway shall be an exit only. Developer shall install outside the public road right -of- way and maintain, at all times, the appropriate retroreflective signage to clearly communicate and enforce this restriction.
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Prior to Final Inspection

County Fire - Community Safety

100. Combustible Vegetation: Combustible vegetation shall be removed as follows: a. Where the average slope of the site is less than 15% - Combustible vegetation shall be removed a minimum distance of thirty (30) feet from all structures or to the property line, whichever is less. b. Where the average slope of the site is 15% or greater - Combustible vegetation shall be removed a minimum one hundred (100) feet from all structures or to the property line, whichever is less.

101. Commercial Addressing: Commercial and industrial developments of 100,000 sq. ft or less shall have the st reet address installed on the building with numbers that are a minimum six (6) inches in height and with a three quarter (3/4) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional non- illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances.

102. Fire Alarm - Manual: A manual, automatic or manual and automatic fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required. The applicant shall hire a Fire Department approved fire alarm contractor. The fire alarm contractor shall submit three (3) sets of detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.

103. Fire Extinguishers: Hand portable fire extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department.

104. Fire Lanes: The applicant shall submit a fire lane plan to the Fir e Department for review and approval. Fire lane curbs shall be painted red. The "No Parking, Fire Lane" signs shall be installed on public/private roads in accordance with the approved plan.

105. Fire Sprinkler-NFPA #13 : An automatic fire sprinkler system complying with NFPA Pamphlet #13 and the Fire Department standards is required. The applicant shall hire a Fire Department approved fire sprinkler contractor. The fire sprinkler contractor shall submit plans to the with hydraulic calculation and manufacturers specification sheets to the Fire Department for approval and approval. The contractor shall submit plans showing type of storage and use with the applicable protection system. The required fees shall be paid at the time of plan submittal.

106. Hydrant Marking : Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. In areas where snow removal occurs or non-paved roads exist, the blue reflective hydrant marker shall be posted on an approved post along the side of the road, no more than three (3) feet from the hydrant and at least six (6) feet high above the adjacent road.

107. Illuminated Site Diagram: The applicant shall submit for review and approval a site diagram plan to the Fire Department. The applicant shall install at each entrance to a multi -family complex an illuminated diagrammatic representation of the complex, which shows the location of each unit and each fire hydrant.

108. Key Box : An approved Fire Department key box is required. In commercial, industrial and multi-family complexes, all swing gates shall have an approved fire department Knox Lock.

109. Override Switch : Where an automatic electric security gate is used, an approved Fire Department override switch (Knox ®) is required.
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110. Roof Certification: A letter from a licensed structural (or truss) engineer shall be submitted with an original wet stamp at time of fire sprinkler plan review, verifying the roof is capable of accepting the point loads imposed on the building by the fire sprinkler system design.

111. Street Sign: This project is required to have an approved street sign (temporary or permanent). The street sign shall be installed on the nearest street corner to the project. Installation of the temporary sign shall be prior any combustible material being placed on the construction site. Prior to final inspection and occupancy of the first structure, the permanent street sign shall be installed.

Prior to Occupancy

County Fire - Community Safety

112. Inspection by the Fire Department: Permission to occupy or use the building (certificate of Occupancy or shell release) will not be granted until the Fire Department inspects, approves and signs off on the Building and Safety job card for “fire final”.

Land Use Services - Land Development

113. WQMP Improvements: All required WQMP improvements shall be completed by the applicant, inspected and approved by County Public Works. An electronic file of the final and approved WQMP shall be submitted to Land Development Division, Drainage Section.

114. Drainage Improvements: All required drainage improvements shall be completed by the applicant. The private Registered Civil Engineer (RCE) shall inspect improvements outside the County right-of-way and certify that these improvements have been completed according to the approved plans.

115. Structural Section Testing: Structural Section Testing. A thorough evaluation of the structural road section, to include parkway improvements, from a qualified materials engineer, shall be submitted to County Department of Public Works, for Banana Avenue only. Structural section for the private roads shall be submitted to Land Development.

116. Road Improvements: Condition of Road Improvements. At the time of occupancy for all structures, the condition of all required on -site and off -site improvements shall be acceptable to County Department of Public Works.

117. Structural Section Testing : A thorough evaluation of the structural road section, to include parkway improvements, from a qualified materials engineer, shall be submitted to County Public Works.

118. LDD Requirements: Landscape Maintenance. Trees, irrigation systems, and landscaping required to be installed on public right -of-way shall be approved by the County Department of Public Works/Current Planning, maintained by the adjacent property owner or other County-approved entity.

119. Road Improvements : All required on- site and off -site improvements shall be completed by the applicant, inspected and approved by County Public Works.
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Land Use Services – Planning

120. Condition Compliance: Prior to occupancy/use, all conditions shall be completed to the satisfaction of County Planning with appropriate authorizing approvals from each reviewing agency.

121. Fees Paid: Prior to final inspection by Building and Safety Division and/or issuance of a Certificate of Conditional Use by the Planning Division, the applicant shall pay in full all fees required under actual cost job number PROJ- 2020-00230.

122. Installation of Improvements: All required on-site improvements shall be installed per approved plans.

123. Landscaping/Irrigation: All landscaping, dust control measures, all fences, etc. as delineated on the approved Landscape Plan shall be installed. The developer shall submit the Landscape Certificate of Completion verification as required in SBCC Section 83.10.100. Supplemental verification should include photographs of the site and installed landscaping.

124. Screen Rooftop: All roof top mechanical equipment is to be screened from ground vistas.

125. Shield Lights: Any lights used to illuminate the site shall include appropriate fixture lamp types as listed in SBCC Table 83- 7 and be hooded and designed so as to reflect away from adjoining properties and public thoroughfares and in compliance with SBCC Chapter 83.07, “Glare and Outdoor Lighting” (i.e. “Dark Sky Ordinance).

126. GHG - Installation/Implementation Standards: The developer shall submit for review and obtain approval from County Planning of evidence that all applicable GHG performance standards have been installed, implemented properly and that specified performance objectives are being met to the satis faction of County Planning and County Building and Safety. These installations/procedures include the following: a) Design features and/or equipment that cumulatively increases the overall compliance of the project to exceed Title 24 minimum standards by f ive percent. b) All interior building lighting shall support the use of fluorescent light bulbs or equivalent energy-efficient lighting. c) Installation of both the identified mandatory and optional design features or equipment that have been constructed and incorporated into the facility/structure.

Public Works - Traffic

127. Roadway Improvements. The applicant shall construct, at 100% cost to the applicant all roadway improvements as shown on their approved street improvement plans. 150

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Conditions of Approval

Record: PROJ-2020-00230 System Date: 06/28/2022

If you would like additional information regarding any of the conditions in this document, please contact the department responsible for applying the condition and be prepared to provide the Record number above for reference. Department contact information has been provided below.

Department/Agency Office/Division Phone Number
Land Use Services Dept. San Bernardino Govt. Center (909) 387-8311 (All Divisions)
Web Site
High Desert Govt. Center (760) 995-8140
http://cms.sbcounty.gov/lus/Home.aspx
County Fire
(Community Safety)
Web Site
San Bernardino Govt. Center (909) 387-8400
High Desert Govt. Center (760) 995-8190
https://www.sbcfire.org/
County Fire Hazardous Materials (909) 386-8401
Flood Control (909) 387-7995
Dept. of Public Works Solid Waste Management (909) 386-8701 Surveyor (909) 387-8149
Traffic (909) 387-8186
Web Site http://cms.sbcounty.gov/dpw/Home.aspx
Dept. of Public Health Environmental Health Services (800) 442-2283 Web Site https://wp.sbcounty.gov/dph/programs/ehs/
Local Agency Formation Commission (LAFCO) (909) 388-0480 Web Site http://www.sbclafco.org/

Special Districts
Water and Sanitation (760) 955-9885
Administration,
Park and Recreation,
Roads, Streetlights,
Television Districts, and Other

(909) 386-8800
External Agencies (Caltrans, U.S. Army, etc.) See condition text for contact information...

151

2545/035458-0010
18021944.1 a09/07/22 -8-

“EXHIBIT F”
TO

PREANNEXATION AGREEMENT

DEVELOPMENT IMPACT FEES

152
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1721 Agenda Date: 9/27/2022
Agenda #: M. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Fontana Police Helicopter Service Contract Implementing AS350B2 RECOMMENDATION:

1. Approve a Service Agreement between HeliSafe, LLC, a Limited Liability Corporation, and the Fontana Police Department

2. Authorize the City Manager (or his designee) to sign the Service Agreement, all related documentation, and any amendments to continue this cooperative agreement as long as it is in the best interest of the City of Fontana.

3. Approve a recurring appropriation from the General Fund in the amount of $319,500 and a one- time appropriation in the amount of $65,930 to pay for increased program costs.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.

DISCUSSION:

In 2021 City Council approved a one-year service agreement with HeliSafe, LLC. The City with the approval of City Council shall have the option, at its sole discretion, to renew the Agreement annually for no more than four (4) additional one-year terms. During the first year of the agreement with the assistance of HeliSafe, LLC, the Police Department was able to purchase an AS350B2 helicopter in May 2022.

The AS350B2 is able to fly in wind conditions that require the R66 helicopters to be grounded. The ability to provide increased service 30% of the time that the R66 would be grounded has an increase cost to the program. Other costs include additional space for storage, variable costs, maintenance, and training. Attached is a breakdown of the Proposal Implementing AS350B2. There is a one-time Retro-Amount ($65,930.00) for the AS350B2 services provided during the period of May 2022 through July 31, 2022.

Total amount for the first year including the retro amount is $1,077,175.00. A portion of the funds have already been included in the 2022/2023 Fiscal Budget in the amount of $691,740.00 utilizing General Fund (Fund 101) and Grant funds (Fund 322). The current contract remains and continues City of Fontana Printed on 9/21/2022Page 1 of 2
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File #: 21-1721 Agenda Date: 9/27/2022
Agenda #: M. Category: Consent Calendar
General Fund (Fund 101) and Grant funds (Fund 322). The current contract remains and continues to provide a significant cost savings under today’s industry standards and expectations.

FISCAL IMPACT:

Appropriate Funds in the amount of $385,430.00 to account # 10140233.8130 to pay for the increased program costs and the one-time retro-amount. The cost of the contract will be paid using a combination of General Fund (Fund 101) and State COPS AB3229 Fund (Fund 322) monies. Budget forms will be included with the First Quarter Budget Report.

MOTION:

Approve staff recommendation.

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HeliSafe Management Service
YEAR 2 Cost Sheet with Implementing AS350B2
Calculated on 40 Shift Hours per week (20 flight hours), 1040 Flight Hours per year .

AS350B2 416 hours equates to 40% usage of flight time.

R66 624 hours equates to 60% usage of flight time.
*AS350B2 Variable Cost @ 950.00hr Retroactive to May 2022. Total Flight Hours to Date 69.4hrs*

Cost Billing Unit Number Extended Cost Notes
Management
Service Fee $6,000.00 Monthly 12 months $72,000.00 AS350B2 Aircraft and Asset
Storages $3,000.00 Monthly 12 months $36,000.00 Space for AS350B2
Pilot Services $65.00 Hourly 2,080 hours $135,200.00

10-hour shift,4 days a week.

Officer/Observer Estimated (Not in HeliSafe
Budget)
R66 Fuel Costs &
Scheduled
Maintenance

$160.00 Hourly 624 per year $99,840.00 Based on 624 flight hours.

R66 Reserve For
Overhaul $195.00 Hourly 624 per year $121,680.00 Based on 624 flight hours AS350B2 Hourly
Variable Cost,
Fuel, Scheduled
Maintenance,
Parts, Engine
$950.00 Hourly 416 per year $395,200.00 Based on 416 flight hours.

AS350B2
unscheduled
maintenance
Component
Reserve account
$136,325.00 Annually 1 $136,325.00
Unscheduled maintenance
and replacement parts as
needed. Funds not used
during the year will be rolled
over to the following years
account
Pilot Training $15,000.00 Annually 1 $15,000.00 Training R66/AS350

Operational Cost $ 1,011,245.00
*Retro-Amount AS350B2* $ 65,930.00
12-year inspection (Due 2023) $ 225,000.00
Total Cost Year 2 of 5: $1,302,175.00

Note: Cost sheet is for year 2 of the 5-year contact. Cost is based on a 5-year contract and 3% increase per year (Less 12-year inspection costs for years 2 through 5) 155
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1738 Agenda Date: 9/27/2022
Agenda #: N. Category: Consent Calendar
FROM:

Planning Department
SUBJECT:

Purchase & Sale Agreement - Downtown Fontana Property
RECOMMENDATION:

1. Approve a Purchase & Sale Agreement for the purchase of two parcels of land located on the Spring Street, east of Juniper Avenue in Downtown Fontana, more specifically described as APN #0191-161-17 and #0191-161-28.

2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.

COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by pursuing business attraction, retention, and expansion.

DISCUSSION:

The City of Fontana will be undertaking an expansive and comprehensive revitalization of Downtown Fontana. The specific geographic area to be targeted includes Upland Ave to the North, Orange Avenue to the South, Mango Ave to the East and Juniper Ave to the West. A primary component of this revitalization effort will require the acquisition, demolition, replanning, and redevelopment of several key properties within the area. To facilitate the implementation of this revitalization, the City will be acquiring various properties in Downtown Fontana. Notwithstanding the fact that any structures that exist on parcels being acquired will be demolished and therefore have no future value, parcels are being acquired at market rate based on values attributable to their current use.

The subject properties recently became available for acquisition. The two parcels are currently vacant and include approximately 10,300 square feet of land.

The City and the sellers brokers have reached agreement on a Purchase Agreement with the following proposed deal-points:
· The City of Fontana would acquire the property for the price of $269,000 City of Fontana Printed on 9/21/2022Page 1 of 2
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File #: 21-1738 Agenda Date: 9/27/2022
Agenda #: N. Category: Consent Calendar
· The City of Fontana and sellers Jose Torres and Beatriz Reyes will equally split any/all escrow and title fees as appropriate.
· The City will have sixty days to perform any due diligence on the subject property, including completion of an environmental assessment and title review. · Following the due-diligence period the City will have a fifteen-day financing period to complete all wire-transfers and documents necessary for the close of escrow.

Approval of the Purchase Agreement and acquisition of the subject property will assist with the assemblage of various properties located in Downtown Fontana. That assemblage will facilitate the City’s vision and plans to dramatically revitalize the Downtown Community.

FISCAL IMPACT:

Monies are available for the purchase of these properties (total cost of approximately $280,000, including escrow costs and appropriate fees) - in Fund 601 - Capital Reinvestment. Appropriate paperwork will be submitted to the Budget Office with the First Quarter Budget Status Report.

MOTION:

Approve staff recommendation.

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181223
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1686 Agenda Date: 9/22/2022
Agenda #: O. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Final Acceptance of the Village of Heritage Pool Deck Repair Project (MS-106-PW-22).

RECOMMENDATION:

1. Accept as complete the work performed by Masterseal Corporation for the Village of Heritage Pool Deck Repair project and approve the final construction cost of $223,200.

2. Authorize the City Engineer/Director of Public Works to file a notice of completion and release the 5% retention.

COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

On April 12, 2022, the City Council awarded a contract to Masterseal Corporation in the amount of $219,500 and authorized a 10% contingency fund of $21,950 for the performance of pool deck repair work at the Village of Heritage Pool Deck Repair Project (MS-106-PW-22).

The project was completed on August 5, 2022 at a final construction cost of $223,200. One (1) contract change order was executed in the amount of $3,700 during the performance of this contract.

All work has been completed to the satisfaction of the City.

This project replaced the existing worn and damaged pool deck coating with a new deck coating that includes a 5-year warranty on labor and materials and has a projected 10-year life expectancy.

FISCAL IMPACT:

The funding for this project was budgeted out of LMD 2 Fund 396 in ORG # 39638205. Remaining funds for this project will be returned to fund balance.

MOTION:

Approve Staff Recommendation
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1751 Agenda Date: 9/27/2022
Agenda #: P. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Estoppel Certificate and Assignment Agreement for Ventana at Duncan Canyon.

RECOMMENDATION:

Approve Estoppel Certificate and Assignment Agreement for Ventana at Duncan Canyon and authorized the City Manager to enter into said agreement.

COUNCIL GOALS:
· To promote economic development by concentrating on job creation. · To promote economic development by pursuing business retention, expansion · and attraction.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by providing · for the development of new infrastructure.
· To promote affordable housing by construction of high-quality multi-family · housing which also serves to address the affordability needs of this community.

DISCUSSION:

The developer, HDO4, desires to finance the first phase of the Ventana project. HDO4 has created a single-purpose entity titled Ventana 257, LLC (“SPE”), which will be the entity that receives the loan and assumes responsibility for the development of the first phase. The developer’s lender (PNC Bank) has requested that the City execute an Estoppel Certificate and Agreement (“Estoppel”) and approve an Assignment and Assumption Agreement (“Assignment”).

Patrick Munoz of Rutan & Tucker, the City’s Attorney that drafted the original development agreement, has reviewed and approve the content of the certificate and assignment agreement.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

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ESTOPPEL CERTIFICATE AND AGREEMENT
This Estoppel Certificate and Agreement (the “ Estoppel”) is made as of September _____, 2022 (the “ Effective Date ”), by THE CITY OF FONTANA, a California municipal corporation (“ City”), in favor of PNC BANK, NATIONAL ASSOCIATION (“Administrative Agent ”), as Administrative Agent for itself and for the Lenders (as defined below).

WHEREAS, Administrative Agent on its own behalf and on behalf of certain financial institutions (collectively, the “ Lenders”) will pr ovide Ventana 257, LLC, a California limited liability company (“SPE”), a loan (“Loan”) pursuant to that certain Construction and Mini Perm Loan Agreement to be entered into on or about the Effective Date (as the same may be amended, modified, supplemented or replaced from time to time, the “Loan Agreement”); WHEREAS, the Loan Agreement will be made in reference to the real property commonly known as Parcel 1 of Parcel Map No. 20327, and which is more specifically described on Exhibit A attached hereto (the “Property”); WHEREAS, the Property is subject to that certain 2020 Disposition Agreement (Ventana at Duncan Canyon), effective as of July 8, 2020, made by and between City and HDO4, LLC, a New Mexico limited liability company (“ HDO4”), as severed and ass igned, in part, to SPE pursuant to the SPE Assignment referenced below (the “Disposition Agreement”). Capitalized terms used and not otherwise defined herein shall have the meanings given to them in the Disposition Agreement; and
WHEREAS, SPE is a single purpose entity formed and Controlled by HDO4 for the purpose of owning and developing the Property. On or about the Effective Date, HDO4 will, pursuant to an assignment and assumption agreement approved by City assign and convey the Property and all of HD O4’s rights, duties, and obligations under the Disposition Agreement related to the Property to SPE (“SPE Assignment”).

NOW THEREFORE, City hereby represents, warrants, covenants, agrees and certifies to Administrative Agent, for its benefit and the benefit of Lenders, as follows:

1. Agreement Effective . The Disposition Agreement is in full force and effect without amendment, modification or supplement.

2. Acknowledgment. City acknowledges and agrees that (a) this Estoppel shall constitute notice from HDO4 and SPE of the making of the Loan to SPE (which Loan will be secured, in part, by the Construction Deed of Trust, Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated on or about the Effective Date (as the same may be amended, restated or replaced from time to time, the “Deed of Trust”), that will encumber the Property); (b) the making of the Loan and the giving and recordation (if applicable) of the Deed of Trust, and the SPE Assignment are Permitted Transfers under the Disposition Agreement; and (c) neither the making of the Loan, the execution of the Deed of Trust or the Collateral Assignment, nor
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the SPE Assignment does or will constitute a default under the Disposition Agreement.

3. Existing Defaults. To the best of City’s knowledge, there is no existing uncured default by HDO4 or SPE under the Disposition Agreement, nor has any event occurred which, with the passage of time or the giving of notice or both, would constitute such a de fault. City has neither given nor received any notice of a default under the Disposition Agreement with respect to HDO4, SPE, or the Property.

4. Estoppel.
(a) Close of Escrow under the Disposition Agreement occurred on November 5, 2020;
(b) The date upon which SPE is required to “ Complete Construction within PA6” pursuant to the terms of Section 4.1.1 of the Disposition Agreement is December 8, 2024, subject to extensions due to Unavoidable Delays and other extensions expressly permitted or r equired under the Disposition Agreement;
(c) For purposes of the Disposition Agreement, references to PA6 will be deemed to mean and refer to the Property; and
(d) The City and HDO4 have determined the Revised Land Value and have confirmed that no Additional Purchase Consideration is required under the Disposition Agreement with respect to the Property.

5. Notice of SPE Default and Cure Rights . City will give Administrative Agent, at the addresses stated below, concurrent written notice of any SPE default under the Disposition Agreement. Administrative Agent will have right to cure such defaults, provided any cure period provided to SPE under the Disposition Agreement shall not begin to run until such time as Administrative Agent receives written notice of the applic able default from City. Notwithstanding anything to the contrary in the Disposition Agreement, City will nonetheless accept any actions taken by Administrative Agent to cure any SPE default under the Disposition Agreement, and such actions shall cure any SPE default to the same extent had SPE taken such actions.

Address for Notice to Administrative Agent:

PNC Bank, National Association,
as Administrative Agent for itself and certain other Lenders 620 Newport Center Dr., Suite 1100
Newport Beach, CA 92660
Attention: Damon Smith
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6. Limitations on Liability of Administrative Agent and Lenders . City acknowledges and agrees that neither Administrative Agent nor Lenders are assuming, nor shall Administrative Agent or Lenders be required to assume, any obligations under the Disposition Agreement, including, without limitation, by virtue of any actions taken by Administrative Agent to cure any default of SPE.

7. Consent to Assignment . As a condition to Administrative Agent’s agreement to make the Loan to SPE, Administrative Agent has required that SPE, pursuant to the Deed of Trust and that certain Assignment of Construction and Development Documents, dated on or about the Effective Date (as the same may be amended, restated or replaced, the “ Collateral Assignment ”), assign its rights under the Disposition Agreement to Administrative Agent as additional collateral for the Loan. City hereby consents to the collateral assignment of the Disposition Agreement by SPE to Administrative Agent as additional collateral for the Loan and hereby agrees that if Administrative Agent, its designee or nominee, or any third party should become the successor owner ( each and every such person or entity, “Successor Owner ”) of the Property through foreclosure of the Deed of Trust, or a cceptance of a deed in lieu thereof, then, notwithstanding anything to the contrary in the Disposition Agreement:
(a) The Successor Owner may succeed to the rights and obligations of SPE under the Disposition Agreement as to the Property without City’s or any other person ’s or entity ’s consent (including SPE), so long as the Successor Owner assumes the obligations of SPE under the Disposition Agreement as to the Property;
(b) So long as the Successor Owner assumes the obligations of SPE under the Disposition Agreement as to the Property , the Successor Owner will not be subject to any claims, offsets, defenses or penalties arising as a result of SPE’s performance, or failure to perform, under the Disposition Agreement prior to the date that Successor Owner succeeds to the interests of SPE under the Disposition Agreement;
(c) Nothing herein modifies, limits or abridges the Guarantor’s obligations and liabilities under the Guaranty, which will continue in effect in accordance with its terms;
(d) The Successor Owner will not be obligated to execute a guaranty pursuant to Section 2.8 of the Disposition Agreement;
(e) In no event will the Successor Owner be obligated to construct any improvements on any Planning Area other than PA6 , nor will Successor Owner have any obligations under the Disposition Agreement relating to any property other than the Property;
(f) If the Successor Owner is Administrative Agent, a Lender , or an affiliate of either, the Successor Owner will be permitted to Transfer the Property 186
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and assign its interest in the Disposition Agreement without City’s consent, so long as the assignee assumes the obligations of SPE under the Disposition Agreement as to the Property; and
(g) The Successor Owner’s liability under the Disposition Agreement shall be limited to its period of ownership of the Property and any such liability shall be limited to the Successor Owner’s interest in the Property and no other assets of the Successor Owner.
[Signatures Follow on Next Page]
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Signature Page to Estoppel Certificate & Agreement
28058230.1/202044.0001
IN WITNESS WHEREOF, this Estoppel has been executed to be effective as of the Effective Date.

“CITY”

CITY OF FONTANA, a California municipal
corporation

By:

Name:

Title:

ATTEST:

By:

City Clerk

APPROVED AS TO LEGAL FORM:

BEST BEST & KRIEGER, LLP

By:

City Attorney

188

EXHIBIT A
28058230.1/202044.0001

EXHIBIT A

PROPERTY DESCRIPTION
The land situated in the City of Fontana, the County of San Bernardino, State of California, and is described as follows:

Parcel 1, in the City of Fontana, County of San Bernardino, State of California, as shown on map filed in Book 258, Page(s) 37 -48 of Parcel Maps, in the Office of the County Recorder of said County.

Assessor’s Parcel Numbers(s): 0226-075-45
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ASSIGNMENT AND ASSUMPTION AGREEMENT
(Ventana – Parcel 1 of Parcel Map 20327)
This Assignment and Assumption Agreement (“Assignment”) is dated September _____, 2022 (“Effective Date ”) and is entered into between HDO4, LLC, a New Mexico limited liability company (“ Assignor”), and VENTANA 257, LLC, a California limited liability company (“Assignee”). This Assignment will become effective on the Effective Date.

The City of Fontana, a Cal ifornia municipal corporation (“ City”), is a signatory to this Assignment solely for purposes of acknowledging and confirming the provisions of Section 2.

RECITALS
A. Assignor has agreed to co nvey to Assignee all of Assignor’s right, title, and interest in that parcel of vacant land commonly referred to as Parcel 1 of Parcel Map No. 20327 (the “Land”). The Land is more particularly described on the attached Exhibit A. The Land is a portion of the “Property” defined and described in the Disposition Agreement (defined below).

B. Assignor and City are parties to that certain “2020 Disposition Agreement (Ventana at Duncan Canyon)” (“Disposition Agreement”).

C. Concurrently with the conveyance of the Land to Assignee, (i) Assignor desires to sell, transfer, assign, and convey to Assignee all of Assignor’s rights, duties, benefits, and obligations arising under the Disposition Agreement relating to the Land that accrue on and after the Effective Date (“ Assigned Rights and Obligations ”), and (ii) Assignee desires to assume the Assigned Rights and Obligations.

D. Assignee is a single purpose entity formed and Controlled (as defined in the Disposition Agreement) by Assignor for the purpose of owning and developing the Land.

OPERATIVE PROVISIONS
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Assignment and Assumption . As of the date of the conveyance of the Land to Assignee: (a) Assignor assigns, transfers, and conveys the entirety of the Assigned Rights and Obligations to Assignee; (b) Assignee accepts and assumes the entirety of the Assigned Rights and Obligations; (c) Assignor is unconditionally released and discharged fr om the entirety of the Assigned Rights and Obligations and Assignee is bound by the entirety of the Assigned Rights and Obligations and agrees to faithfully perform the assumed obligations for the benefit of City, subject to the terms and conditions of the Disposition Agreement; and (d) Assignee will indemnify, defend, and hold Assignor harmless from and against all cost, expense, damage, and other monetary and non-monetary claims or losses related to or arising in any way from all actual or alleged breaches of Assignee’s assumed obligations.
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2. City’s Consent to Conveyance and Assignment . City is executing this Assignment solely for the purpose of (a) indicating its consent and agreement that the conveyance of the Land and the assignment of the Assigned Right s and Obligations to Assignee are Permitted Transfers, as defined and provided in Section 1.1.51.4 and Section 8.2.2 of the Disposition Agreement, and (b) confirming that f rom and after the date hereof, the Land will not be subject to, nor will Assignee or its successors or assigns have any obligation to comply with, any obligations arising under the Disposition Agreement other than those obligations that specifically relate to the Land.

3. No Other Changes to Disposition Agreement . Except for the assignment by Assignor and assumption by Assignee of the Assigned Rights and Obligations, no term, condition, or obligation set forth in the Disposition Agreement is modified by this Assignment.

ASSIGNOR:

HDO4, LLC, a New Mexico limited liability
company

By:

Richard Munkvold
Its: Chief Financial Officer
Dated:

ASSIGNEE:

VENTANA 257, LLC, a California limited
liability company

By:

Name:

Its:

Dated:

Acknowledged and agreed for the limited purposes described in Section 2 of this Assignment.

ATTEST:

City Clerk

APPROVED AS TO LEGAL FORM:

BEST BEST & KRIEGER, LLP

By:

City Attorney
CITY OF FONTANA, a California municipal
corporation

By:

Name:

Title:

191

EXHIBIT A
28058305.1/202044.0001

EXHIBIT A

DESCRIPTION OF THE LAND
The land situated in the City of Fontana, the County of San Bernardino, State of California, and is described as follows:

Parcel 1, in the City of Fontana, County of San Bernardino, State of California, as shown on map filed in Book 258, Page(s) 37 -48 of Parcel Maps, in the Office of the County Recorder of said County.

Assessor’s Parcel Numbers(s): 0226-075-45
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1715 Agenda Date: 9/27/2022
Agenda #: A. Category: Public Hearing
FROM:

Finance
SUBJECT:

Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed Abatement Accounts RECOMMENDATION:

1. Authorize staff to complete and record lien notices against real property for those sewer accounts sixty days or more delinquent as described in Certified Lien List and direct staff to forward recorded liens to the County for collection.

2. Authorize staff to complete and record liens against real property for those rubbish accounts more than ninety days delinquent as described in the Certified Lien List and direct staff to forward recorded liens to the County for collection.

3. Adopt Resolution No. 2022-125, of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.

COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To practice sound fiscal management by developing long-term funding and debt management plans.
· To improve public safety by increasing operational efficiency, visibility, and availability.

DISCUSSION:

Public Hearings on proposed liens are scheduled quarterly to allow for timely collections and recording of indebtedness. The lien process protects revenues due to the City which would have otherwise been subject to loss through skipped accounts or property transfers.

The proposed lists (one each for sewer, rubbish and weed abatement) are on file with the City Clerk.

Each account has had notification by mail regarding the public hearing and intent to record the lien amount, as well as regular billing notification and legal advertisement as required by City Code.

Further, with respect to Weed Abatement, all property owners had the opportunity to protest weed abatement citations through an administrative hearing process.

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File #: 21-1715 Agenda Date: 9/27/2022
Agenda #: A. Category: Public Hearing
The lists recommended for adoption contain the following:

Type of Account Number of Properties Current Lien Amount Receivables Protected to Date
Sewer 183 $71,220.68 $3,886,467.41
Rubbish* 578 $77,715.61 $7,925,125.24
Weed Abatement 98 $56,042.43 $3,865,466.87
*Collections are payable to Fontana Rubbish
An administrative fee will be included to offset the City's costs to record the lien, as well as the County fee associated with release of the lien to ensure that property titles are cleared once payment has been made. All properties with unpaid liens as of July 1st will be automatically placed on the property tax rolls for collection.

FISCAL IMPACT:

The approval of this item will result in liens in the approximate total amount of $204,978.72 to be recorded and placed on the County property tax roll for collection. This action will prevent increases in customer charges due to uncollectible accounts. The Sewer lien list receivable amount was included as revenue to the Sewer Operations Maintenance Fund in current and prior budget periods.

The recording of Rubbish liens will strengthen Fontana Rubbish's ability to collect, thereby increasing the amount generated by the 12% franchise fee they remit to the City.

MOTION:

Approve staff recommendation.

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RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADOPTING STATEMENT OF UNPAID EXPENSES FOR WEED

ABATEMENT AND IMPOSING A LIEN AGAINST PROPERTY FOR

PAYMENT THEREOF

WHEREAS, the City of Fontana (“City”) has conducted its weed abatement program pursuant to the Fontana City Code, Section 14-1 et. seq.;

WHEREAS, at its meeting on September 27, 2022 , the City Council discussed and considered all expenses and other costs of abatement which have remained unpaid to date, as specified in the Statement of Unpaid Expenses for Weed Abatement, on file with the City Clerk for public review and incorporated herein by reference (“Statement”);

WHEREAS, the City Council has read or heard and considered all evidence and testimony presented to it with respect thereto;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana as follows:

Section 1. Based on all evidence and testimony presented to the Council, the Statement is confirmed and adopted.

Section 2. All expenses and other costs noted on the Statement shall be paid to the City no later than September 27, 2022. Any expenses and other costs noted on the Statement which remain unpaid to the City after September 27, 2022 shall constitute a lien upon the real property against which the nuisance was abated, and shall be collected in any lawful means available to the City.

Section 3. The City Clerk is directed to file for recording a "Notice of Lien for Weed Abatement" with the Office of the Recorder for San Bernardino County after September 27, 2022 against those real properties listed on the Statement for any expenses and other costs noted on the Statement which remain unpaid to the City.

Section 4. The Auditor/Controller shall include the amount of the expenses on the bills for taxe s levied against the real property against which the expenses have been imposed, and the same shall be collected in the same manner and together with the general taxes for the County of San Bernardino, and shall be subject to the same penalties, interest and collection.

APPROVED AND ADOPTED this 27th day of September, 2022.

READ AND APPROVED AS TO LEGAL FORM:

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Resolution No. 2022-
-
_____________________________________
City Attorney

I, Tonia Lewis, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 27th day of September, 2022 by the following vote to-wit:

AYES:

NOES:

ABSENT:

_____________________________________
City Clerk of the City of Fontana

_____________________________________
Mayor of the City of Fontana

ATTEST:

_____________________________________
City Clerk

196

CITY OF FONTANA, CALIFORNIA

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF FONTANA WILL

HOLD A PUBLIC HEARING CONCERNING THE RECORDING OF REAL PROPERTY LIENS

AGAINST PROPERTIES SERVED BY THE CITY OF FONTANA RUBBISH COLLECTION

CONTRACTOR (BURRTEC WASTE) FOR THOSE ACCOUNTS MORE THAN NINETY DAYS

DELINQUENT, AND FURTHER, THE FORWARDING OF SAID LIENS TO THE COUNTY ASSESSOR’S OFFICE FOR ADDITION TO THE EXTENDED PROPERTY TAX ROLLS FOR COLLECTION. COPIES OF THE CERTIFIED LIEN LIST ARE AVAILABLE AT THE UTILITY BILLING DIVISION PUBLIC SERVICE COUNTER, 8353 SIERRA AVENUE, FONTANA, CALIFORNIA.

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC

HEARING ITEM, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR

SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN

WRITTEN CORRESPONDENCE DELIVERED TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

DATE OF HEARING: SEPTEMBER 27, 2022

TIME OF HEARING: 7:00 P.M.

PLACE OF HEARING: CITY HALL COUNCIL CHAMBERS
8353 SIERRA AVENUE
FONTANA, CA 92335

ANY INTERESTED PARTY MAY APPEAR AT THE HEARING AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. IF YOU HAVE

ANY QUESTIONS CONCERNING THIS MATTER, PLEASE CONTACT THE UTILITY BILLING CUSTOMER SERVICE STAFF AT (909) 350-7670.

PUBLISH: SEPTEMBER 9, 2022
SEPTEMBER 16, 2022

PROOF OF PUBLICATION REQUESTED
197

CITY OF FONTANA, CALIFORNIA

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF FONTANA WILL

HOLD A PUBLIC HEARING CONCERNING THE RECORDING OF REAL PROPERTY LIENS

AGAINST PROPERTIES SERVED BY THE CITY OF FONTANA SANITARY SEWER SYSTEM FOR

THOSE ACCOUNTS SIXTY DAYS OR MORE DELINQUENT, AND FURTHER, THE FORWARDING OF SAID LIENS TO THE COUNTY ASSESSOR’S OFFICE FOR ADDITION TO THE EXTENDED PROPERTY TAX ROLLS FOR COLLECTION. COPIES OF THE CERTIFIED LIEN LIST ARE AVAILABLE AT THE UTILITY BILLING DIVISION PUBLIC SERVICE COUNTER, 8353 SIERRA AVENUE, FONTANA, CALIFORNIA.

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC

HEARING ITEM, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR

SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN

WRITTEN CORRESPONDENCE DELIVERED TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

DATE OF HEARING: SEPTEMBER 27, 2022

TIME OF HEARING: 7:00 P.M.

PLACE OF HEARING: CITY HALL COUNCIL CHAMBERS
8353 SIERRA AVENUE
FONTANA, CA 92335

ANY INTERESTED PARTY MAY APPEAR AT THE HEARING AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. IF YOU HAVE

ANY QUESTIONS CONCERNING THIS MATTER, PLEASE CONTACT THE UTILITY BILLING CUSTOMER SERVICE STAFF AT (909) 350-7670.

PUBLISH: SEPTEMBER 9, 2022
SEPTEMBER 16, 2022

PROOF OF PUBLICATION REQUESTED
198

CITY OF FONTANA, CALIFORNIA

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF FONTANA WILL

HOLD A PUBLIC HEARING CONCERNING THE RECORDING OF REAL PROPERTY LIENS AGAINST PROPERTIES PROVIDED WEED ABATEMENT SERVICES THROUGH THE CITY’S

WEED ABATEMENT PROGRAM FOR THOSE ACCOUNTS THIRTY DAYS OR MORE

DELINQUENT AND FURTHER, THE FORWARDING OF SAID LIENS TO THE COUNTY ASSESSOR’S OFFICE FOR ADDITION TO THE EXTENDED PROPERTY TAX ROLLS FOR COLLECTION. COPIES OF THE CERTIFIED LIEN LIST ARE AVAILABLE AT THE CUSTOMER SERVICE DIVISION PUBLIC SERVICE COUNTER, 8353 SIERRA AVENUE, FONTANA, CALIFORNIA.

IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING

ITEM, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE

RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.

DATE OF HEARING: SEPTEMBER 27, 2022

TIME OF HEARING: 7:00 P.M.

PLACE OF HEARING: CITY HALL COUNCIL CHAMBERS
8353 SIERRA AVENUE
FONTANA, CA 92335

ANY INTERESTED PARTY MAY APPEAR AT THE HEARING AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. IF YOU HAVE

ANY QUESTIONS CONCERNING THIS MATTER, PLEASE CONTACT THE BUSINESS SERVICES CUSTOMER SERVICE STAFF AT (909) 350-7683.

PUBLISH: SEPTEMBER 9, 2022
SEPTEMBER 16, 2022

PROOF OF PUBLICATION REQUESTED
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Authentisign ID: BAEC8D6A-360F-4787-B51F-8E126A06644C
Authentisign ID: BAEC8D6A-360F-4787-B51F-8E126A06644C
180222
Authentisign ID: BAEC8D6A-360F-4787-B51F-8E126A06644C
Authentisign ID: BAEC8D6A-360F-4787-B51F-8E126A06644C
181223